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Copyright N°. 



COPYRIGHT DEPOSIT 



THE UNITED STATES 
GOVERNMENT 



as^an 



THE UNITED STATES 
GOVERNMENT 



BY 

VICTOR P. HAMMER, LL. M. 




New York and Washington 
THE NEALE PUBLISHING COMPANY 

1911 






i*%« 



Copyright 1911 by 
The Neale Publishing Company 






©CI.A303410 



mo THE CHERISHED MEMORY OF THE 
"*■ AUTHOR'S HONORED AND BELOVED 
FRIENDS, JESSE R. WHARTON AND ABEL 
G. KIRKMAN ; THIS BOOK IS DEDICATED 
AS A SMALL TOKEN OF HIS HIGH AP- 
PRECIATION OF THEIR FRIENDSHIP AND 
HELPFULNESS TO HIM THROUGH THE 
STRIKING ADVERSITIES WITH WHICH 
HE MET DURING HIS START IN EARLY 
LIFE. 

The Author. 



PEEFACE. 

It has been the privilege of the author of 
this book to reside in the capital of the na- 
tion for several years, and during that time 
has observed rather closely the workings of 
the Government in all the different branches, 
and from personal research in the various 
departments and the study of the laws relat- 
ing thereto has been enabled to collect the 
materials used in the composition of this 
volume. 

The attempt is here made to present to the 
reader briefly the principal points concerning 
the rise and development of the American 
Union, and then to show in a classified way 
just how the entire machinery of the Federal 
Government is operated. 

No effort will be made to discuss any mat- 
ters or things appertaining to the several 
State governments, but all that is herein set 
forth will be directed primarily to the central 
Government. State affairs and national af- 
fairs should be examined and discussed apart, 
so that the points of contact and dependence 
can be better drawn out and understood; 



8 The United States Government 

hence the reason for making this a separate 
and distinct treatise. 

In the preparation of this volume the aim 
is to make it a manual of such information as 
every American should possess; and it will 
be found, it is hoped, to treat briefly all im- 
portant facts in any way related to the Gov 
eminent of the United States. 

Victor P. Hammer. 
Washington, D. C, 

June 20, 1911. 



CONTENTS 

I. The Rise of the American Union. 11 

II. The Development of the American 

Union. 20 

III. The Legislative Branch of the 

Government. 23 

IV. The Executive Branch of the Gov- 

ernment. 50 

V. The United States Courts. - - 111 

VI. The Declaration of Independence. 131 

VII. The Constitution of the United 

States. 139 



CHAPTEB I 

THE EISE OF THE AMERICAN UNION 

The discovery of America, by Columbus, 
October 12, 1492, marks the beginning of the 
general governmental history of what are 
now the United States; the Declaration of 
Independence, July 4, 1776, marks the begin- 
ning of the governmental history of the 
United States as a free and independent 
nation; but the organizing and putting into 
operation, April 30, 1789, of the present form 
of government under the Constitution as it 
now reads (except the fifteen subsequent 
amendments thereto) marks the beginning of 
the history of the Government as it now 
exists. 

It is the object of this book to begin the 
study of the United States Government from 
the principal events which led up to the Dec- 
laration of Independence. 

The Colonial Governments — There were 
three forms of governments in operation in 
the colonies at the time of the Declaration of 
Independence i 1 

Lewis' BlacJestone, Vol. i. p. 109. 



12 The United States Government 

1. Provincial Government — the constitu- 
tions of which depended upon the respective 
commissions issued by the Crown to the gov- 
ernors, With accompanying instructions, un- 
der which authority the principal assemblies 
were established, with the power of passing 
local laws and making local ordinances not 
repugnant to the laws of England ; 

2. Proprietary Government — a grant of 
territory to certain individuals, in the nature 
of a feudatory principality, with all the sub- 
ordinate powers of legislation delegated to 
the grantees, still with the express conditions 
that the ends for which the grant was made 
be substantially pursued, and that nothing be 
attempted that would derogate from the pow- 
ers of the mother country ; and, 

3. Charter Government — which was in the 
nature of a civil corporation, with the power 
of making by-laws for its own interior regu- 
lation, — not contrary to English law, — and 
with such right and authorities as are ex- 
pressly set out in the charter of incorporation. 

The colonists under these forms of govern- 
ment claimed the free rights of Englishmen, 
which in many instances were denied them, 
and they rebelled: and that was the prime 
cause that led up to the Declaration of Inde- 
pendence. 



The United States Government 13 

Violation of Granted Eights — The col- 
onists claimed that their code of laws, 2 which 
was the same as the English Common Law, — 
supplemented by Magna Charta, the Petition 
of Eights, the Habeas Corpus Act, the Bill of 
Eights, and the various local laws that had 
been enacted under the three forms of colo- 
nial government, — had been violated, and that 
they were taxed without the consent of the 
people's representatives; that standing ar- 
mies were kept in time of peace to awe the 
people ; that in some cases trials by jury were 
denied them in the colonies and the criminals 
were transported to England to be tried for 
crimes committed in America; and that the 
premises of the people had been exposed to 
searches, and their persons, papers, and prop- 
erty to seizure on general warrants. The col- 
onists contended for their legal rights, but 
without avail, since the imperial government 
denied that they could claim any rights as 
against the exercise of the powers of Great 
Britain. 

The Declaeation of Independence — It was 
the Declaration of Independence which for 
ever severed all political connection between 
the thirteen original colonies in America and 
the British Crown. It was made by the rep- 
resentatives of the colonies in a special con- 

2 Cooley's Prin. of Const. Law, p. 8. 



14 The United States Government 

gress assembled, being empowered by the re- 
spective colonies to do so. By that great doc- 
ument the representatives united in declaring 
to the world that, ' i appealing to the Supreme 
Judge of the world for the rectitude of our 
intentions, we do, in the name and by the au- 
thority of the good people of these colonies, 
solemnly publish and declare, that these 
United Colonies are, and of right ought to be, 
free and independent States; that they are 
absolved from all allegiance to the British 
Crown, and that all political connection be- 
tween them and the state of Great Britain is, 
and ought to be, totally dissolved; and that, 
as free and independent states, they have full 
power to levy war, conclude peace, contract 
alliances, establish commerce, and do all other 
acts and things which independent states may 
of right do." 3 Although the foregoing decla- 
ration was made and published, and the vari- 
ous colonies had been exercising the arbitrary 
rights of sovereignty in a hostile way toward 
Great Britain for more than a year without 
repudiating their allegiance, they did not fully 
assume the position of independent States 
until the Bevolutionary War ended and terms 
of peace were concluded by treaty. 4 It was 
then that sovereignty passed forever from the 

^Declaration of Independence. 
^Treaty of Paris, 1783. 



The United States Government 15 

English Government and Parliament, and 
England made no further efforts to reduce 
the colonies into a state of submission, but let 
them proceed to govern themselves as they 
had set out to do. 

The Articles of Confederation — After 
the Declaration of Independence the only- 
powers that the government of the colonies 
exercised were those which were lodged in 
the Continental Congress, which were strictly 
revolutionary in character and not clearly 
defined. The chief powers of general concern 
were to declare war, to conclude peace, to 
form alliances, and to contract debts on the 
credit of the Union; but it was soon discov- 
ered that such a tottering form of govern- 
ment could not endure long. So that Con- 
gress, in 1777, prepared and submitted the 
"Articles of Confederation" to the legisla- 
tures of the thirteen States, which Articles 
were subsequently legally ratified. The Ar- 
ticles declared in substance that each State 
retained its power and sovereignty, except 
what was delegated to the Confederation in 
Congress assembled. The result was a com 
pact of the several States, binding each other 
"into a firm league of friendship, for their 
common defense, the securities of their liber- 
ties, and their mutual and general welfare. 



16 The United States Government 

binding themselves to assist each other 
against all forces offered to, or attacks made 
upon them, or any of them, on account of 
religion, sovereignty, trade, or any other pre- 
tense whatever." 5 They provided for dele- 
gates from the several States to meet in Con- 
gress to enact laws for the more convenient 
and better management of the general inter- 
est of the united colonies. 

The Failure of the Confederation — 
While the object of the Confederation was to 
build up a strong general government, and its 
powers and restrictions were many and varied, 
the result was an actual failure ; yet it accom- 
plished a temporary purpose in an imperfect 
way — it being impossible to do more under 
the circumstances. The Confederation was 
given authority and power to make certain 
general laws, to enter into treaties, and form 
alliances, but it had no power over the States 
to compel obedience to its enactments, so the 
people and the States could disregard them 
with impunity. The thirteen States were 
jealous of one another, and did not recognize 
the laws under the Confederation to such an 
extent as to make them as effectual and bind- 
ing as they would have to be to carry out the 
object of the laws enacted in pursuance of the 
powers derived from the Articles. In fact, 

5 Articles of Confederation. 



The United States Goveknment 17 

the levying of taxes, the regulation of trade 
and commerce, the execution of judgments, 
and the compelling of obedience by the differ- 
ent States were beyond the power of that leg- 
islative body by virtue of the union. There 
was no executive to enforce compliance to the 
laws, and since obedience is what constitutes 
government, and not the name by which it is 
called, 6 it was a form of government in name 
more than reality, and was wholly dependent 
upon the various States to voluntarily exe- 
cute the laws — the result being neither obedi- 
ence at home nor credit abroad. So ineffect- 
ual indeed had the national laws at that 
period become that Congress unanimously 
decided to call a convention and endeavor to 
revise the Articles of Confederation. 

The Constitutional Convention — In Feb- 
ruary, 1787, Congress passed a resolution 
recommending a convention to be held in 
Philadelphia, beginning the following May, — 
requiring delegates from all the States to at- 
tend, — for the purpose of revising the Ar- 
ticles of Confederation and reporting to Con- 
gress and the legislatures of the several 
States such changes and alteration in them 
as would be adequate to meet the exigencies 
arising in the general government of the 
States at that time, and to do all that was pos- 

*BnrJee on Conciliation. 



18 The United States Government 

sible to preserve the Union. The resolution 
was acted upon favorably by all the States 
except Ehode Island, which State alone sent 
no delegate. The Constitutional Convention 
met, nevertheless, and after full consideration 
decided that any change or alteration in the 
Articles would be inadequate and insufficient 
to meet the requirements of government, so 
that representative body proceeded to recom- 
mend an entirely new Constitution, which, 
among other things, provided that "the rati- 
fication of the convention of nine States 
should be sufficient for the establishment of 
this Constitution between the States so rati- 
fying the same." The Articles of Confeder- 
ation had required the assent of every State, 
hence this conventional action was looked 
upon as a revolutionary proceeding, but its 
justification was founded upon the conditions 
existing which had all but brought the Union 
to a state of absolute dissolution. It seems to 
have been decided by that assemblage of able 
representatives that such a step was impera- 
tive, though the action was marked by grave 
revolutionary character, becoming more ap- 
parent when it was better known that the 
ratification of nine of the States would form 
the Union under the newly adopted Constitu- 
tion, and that the ones not accepting the in- 



The United States Government 19 

strument would be excluded from the new 
coalition. 7 Eventually, eleven of the States, 
including North Carolina and Ehode Island, 
adopted the Constitution, after which it went 
into operation, and on April 30, 1789, the 
Government of the United States began its 
operations under the Constitution as it is now 
(exclusive of the amendments that have been 
added from time to time). 

Before the meeting of the first Congress 
the States had elected the allotted number of 
Eepresentatives (sixty-five in all) and Sena- 
tors (twenty- two in all) according to the pro- 
vision in the first Article of the Constitution, 
and the Electoral College chose the President 
and Vice-President, whose Electors had al- 
ready been elected. Congress met in New 
York City to organize and begin operations 
in compliance with the powers and restric- 
tions set forth in the Constitution. 

federalist No. 42 ; by Madison. 



CHAPTER II 

THE DEVELOPMENT OF THE AMEKICAN UNION 

In 1790 a narrow strip of territory known 
as the "Thirteen Original States/' — extend- 
ing along the Atlantic coast from New Hamp- 
shire to Georgia and to the westward but 
little beyond the Appalachian Mountains, — 
embraced all the country that constituted the 
United States at the foundation of the Gov- 
ernment. Step by step the white man with 
axe and gun made his way over the rugged 
mountains, through the dense forests, and 
across the grassy plains, clearing the way for 
civilization and progress in his march, until 
he reached the Pacific shore. One by one new 
States sprang up and became members of the 
Union, until to-day the nation has expanded 
and developed to such an extent that all the 
land, from ocean to ocean, and from Canada 
to Mexico, is included within the jurisdiction 
of one or another of the forty-eight States 
(counting Arizona and New Mexico) that 
compose what is now the United States of 
America. 

20 



The United States Government 21 
The Order of Admission of States. 



THE ORIGINAL THIRTEEN. 




STATE. 


ADMISSION. 


STATE. ADMISSION. 


Delaware, 


1787. 


South Carolina, 


1788. 


Pennsylvania, 


1787. 


New Hampshire, 


1788. 


New Jersey, 


1787. 


Virginia, 


1788. 


Georgia, 


1788. 


New York, 


1788. 


Connecticut, 


1788. 


North Carolina, 


1789. 


Massachusetts, 


1788. 


Rhode Island, 


1790. 


Maryland, 


1788. 








SUBSEQUENT 


ADMISSIONS. 




Vermont, 


1791. 


Minnesota, 


1858. 


Kentucky, 


1792. 


Oregon, 


1859. 


Tennessee, 


1796. 


Kansas, 


1861. 


Ohio, 


1803. 


West Virginia, 


1863. 


Louisiana, 


1812. 


Nevada, 


1864. 


Indiana, 


1816. 


Nebraska, 


1867. 


Mississippi, 


1817. 


Colorado, 


1876. 


Illinois, 


1818. 


North Dakota, 


1889. 


Alabama, 


1819. 


South Dakota, 


1889. 


Maine, 


1820. 


Montana, 


1889. 


Missouri, 


1821. 


Washington, 


1889. 


Arkansas, 


1836. 


Idaho, 


1890. 


Michigan, 


1837. 


Wyoming, 


1890. 


Florida, 


1845. 


Utah, 


1896. 


Texas, 


1845. 


Oklahoma, 


1907. 


Iowa, 


1846. 


Arizona, 


1 1910. 


Wisconsin, 


1848. 


New Mexico, 


^lO. 


California, 


1849. 







Comparison of Progress — In the course of 
one hundred and twenty years the territory 
of the United States has been extended ap- 
proximately five times its original bounds; 
the population has increased to more than 

declared for admission. 



22 The United States Government 

twenty times what it was at first ; the wealth 
amounts to more than fifty times its value in 
the beginning; the army and navy are an hun- 
dred times stronger now than then ; and, with 
such extent of territory, numerous popula- 
tion, great wealth, and invincible army and 
navy, the nation easily can be classified as one 
of the strongest governments of modern 
times. "Old Glory," like the nation, has 
grown from thirteen stripes and stars to thir- 
teen stripes and forty-eight stars (when the 
last two State stars are added), and floats 
proudly over the nation as a Union and gently 
waves the folds of that honored flag in the air 
that gives freedom to every one within her 
borders. 

TABLE OF DEVELOPMENT. 





SQUARE 


APPROXIMATE 






YEAR. 


MILES. 


WEALTH. 


POPULATION. 


STATES 


1790 


745,844 


Not estimated 


3,800,000 


13 


1830 


2,242,379 


$ 5,000,000,000 


12,866,020 


24 


1870 


2,912,864 


30,000,000,000 


38,588,371 


37 


1910 


3,026,789 


120,000,000,000 


91,972,276 


48 



The First Congress — The first session of 
Congress convened in New York, temporarily 
the capital of the new nation (at this date the 
city of Washington was not even projected). 
Here the work of organizing and putting into 
operation the machinery of the Government 



The United States Government 23 

was begun. The President, after taking the 
oath of office, proceeded to fill all executive 
and judicial offices, the ones established under 
the Constitution, and also those created at 
that session, and to appoint ambassadors, 
public ministers, and representatives to for- 
eign countries, and to perform all other duties 
belonging to his office. Congress organized 
in each House by electing and appointing the 
proper officers, and shortly afterward began 
the work of legislation. 

The Development of Congress — The first 
Congress was composed of only eighty-seven 
members, — sixty-five Eepresentatives and 
twenty-two Senators, — but that number nec- 
essarily from time to time has been increased. 
Eepresentatives were elected on a basis of 
population, 30,000 at the first Congress, — but 
now 212,000, — for each congressional dis- 
trict ; the Senators two for each State, being 
augmented on the admission of new States. 
At present there are seats for 433 Eepre- 
sentatives and 92 Senators, excluding the 
States of Arizona and New Mexico. Con- 
gress has power to regulate the number of 
Eepresentatives, and generally does so after 
each decennial census. 

Extension of the Executive Branches — 
Four executive branches of the Government 



24 The United States Government 

were created at the first session of Congress, 
namely, the Department of State, the Depart- 
ment of the Treasury, the Department of 
War, and the Department of Justice, at the 
head of each a Secretary, appointed by the 
President and confirmed by the Senate. That 
number has been added to at different stages 
of the history of the Government, until now 
there are nine such branches, — the Post Office 
Department, the Department of the Navy, the 
Department of the Interior, the Department 
of Agriculture, and the Department of Com- 
merce and Labor being the subsequent addi- 
tions. The Secretaries of the several Depart- 
ments have been made "Cabinet Officers,' 9 
who are advisers to the President. The scope 
of the work of each branch has also been 
broadened to meet the ever-growing work be- 
longing thereto. 

Additional Courts Established — The Su- 
preme Court Justices have been increased 
from six to nine, and the country redistricted 
so that each justice still presides over a dis- 
trict the same as at first, but no longer in 
person. According to the constitutional pro- 
vision 1 Congress has, as necessity demanded, 
created the various courts throughout the 
country to handle the litigation — the nine 
Circuit Courts, nine Circuit Courts of Ap- 

^rticle III. Constitution. 



The United States Government 25 

peals, one or more District Courts in each 
State, a Court of Claims, a Court of Custom 
Appeals, a Court of Commerce, and other dis- 
trict and territorial courts of less importance, 
but all having powers and jurisdiction pre- 
scribed by the Constitution and statute law. 

The Various Changes — The vicissitudes of 
the Union in time have been many ; not only 
has the nation enjoyed an augmentation in 
territory, power, wealth, and population, but 
it has also experienced a like growth in its 
laws : the Constitution has been many times 
amended, to meet the requirements of the 
times ; Federal laws have been enacted cover- 
ing almost every subject on which the national 
law-making body has power to legislate by 
virtue of the Constitution ; treaties have been 
entered into for the regulation of interna- 
tional affairs : hence, in this progressive age, 
man is well hedged about with some form or 
other of law — laws of greater or lesser impor- 
tance, from the town ordinances up to the most 
important treaty. 

The Seat or Government — The first Con- 
gress assembled in New York. That city was 
chosen as the most suitable place for the first 
session, because at that time there was no 
established seat of Government, and one of 
the first duties devolving upon the new Con- 



26 The United States Government 

gress was the selection of a permanent na- 
tional Capital. For months the subject was 
hotly debated. New York, Philadelphia, Bal- 
timore, and Wrights Ferry fought for the 
honor. After a little more than a year's time 
what is now the District of Columbia was 
finally selected for the site of a city to be 
named Washington, in honor of General 
Washington, and here would be the place of 
the country's Capital. In the meantime the 
Capital was to be temporarily located in Phil- 
adelphia. Ten years were spent preparing 
the new Capital of the Nation for occupancy 
by the Government, which makes the year 
1800 the date from which governmental his- 
tory at Washington begins. 

The Happening of Events — Momentous 
events that have happened in connection with 
the Union since its rise have been the War of 
1812, the Mexican War, the Civil War, and 
the Spanish- American War, but none of them 
had so marked an effect upon the policy of 
the Government as to materially change its 
course, except the Civil War. It can be truly 
said that that struggle was an epoch in our 
history, and greatly changed the course of the 
affairs of the nation. From that date the laws 
and policies of the country took new growth, 
are growing yet, and will continue to grow 



The United States Government 27 

and develop as long as the nation remains a 
nation. 

The Present Form of Government — In 
following the rise and development of the 
American Union up to the present time, one 
would naturally want to understand just what 
the Government consists of to-day, and its 
various operations. In order to do so, it will 
be necessary to study it in the following 
order : 

1. The Legislative Branch. Congress — 
Representatives, Senators, President. 

2. The Executive Branch. President — De- 
partment of State, Department of the Treas- 
ury, Department of War (the Army), Depart- 
ment of Justice, Post Office Department, De- 
partment of the Navy (the Navy), Depart- 
ment of the Interior, Department of Agricul- 
ture, Department of Commerce and Labor. 

3. The Judicial Branch. The Courts— Su- 
preme Court, Circuit Courts of Appeal, Cir- 
cuit Courts, District Courts, Court of Claims, 
Court of Customs Appeals, Court of Com- 
merce, other courts. 



CHAPTEE HI 

THE LEGISLATIVE BRANCH 

All legislative power granted through the 
Constitution of the United States shall be 
vested in a Congress, 1 which shall consist of 
two Houses — a Senate and a House of Bep- 
resentatives. Each House is entirely inde- 
pendent of the other in all matters appertain- 
ing to legislation, but both must co-operate 
on all bills before they can be enacted into 
law. 

Election of Eepresentatives — Each State 
is divided by the legislatures of the respective 
States as nearly as possible into Congres- 
sional Districts containing approximately 
212,000 population to each district, according 
to the population, based on the last decennial 
census; but these congressional districts are 
not necessarily obliged to be contiguous, for 
the practice of " gerrymandering' ' is resorted 
to in many States, although a violation of the 
spirit of the Constitution. By such political 
machinations State legislatures are enabled 
to admit territory to a district — or reject it — 
frequently turning the tide of an election. 

1 Article I. sec. i. par. 1, Constitution. 
28 



The United States Government 29 

Eepresentatives are nominated in open 
convention by delegates chosen according to 
the population of each county or voting pre- 
cinct, who then make the nominations, and 
final choice is determined by ballot. In some 
States the candidates are nominated by the 
primary system, which enables the voter, on 
a day set for that purpose, to cast his vote 
directly for delegate or Representative, as 
the case may be. Eepresentatives are se- 
lected every second year. 

Biennial Elections — The national bien- 
nial elections are held on the first Tuesday 
after the first Monday in November. The 
candidate in each Congressional District who 
receives the largest number of votes is de- 
clared to be elected. He takes the oath of 
office, in the House of Representatives, on the 
fourth of the following March, and continues 
in office for a term of two years. 

Qualification of Representatives — In or- 
der to be qualified as a Representative, 2 a 
man must be twenty-five years of age, must 
have been a citizen of the United States for 
seven years, and must be, when elected, an 
inhabitant of the State of his election, and 
possess the qualifications requisite for the 
electors of the most numerous branch of the 
State legislature. A naturalized as well as a 

2 Article I. sec. ii. par. 2, Constitution. 



30 The United States Govebstment 

natural born citizen may be chosen as Eepre- 
sentative. It requires five years to become a 
naturalized citizen of the United States, after 
declaring the intention to do so, and two years 
in most of the States to establish citizenship ; 
but State and United States citizenship could 
be established at one and the same time, so 
far as the two years' limit is concerned, pro- 
vided the laws of both State and nation are 
complied with. Eepresentatives, unlike Sen- 
ators, are elected by the direct vote of the 
people, and for a term only one-third as 
long — the entire House being elected or re- 
elected at the expiration of every two years. 

Filling of Vacancies — When a vacancy 
happens in the representation from any State 
by death, resignation, or otherwise, it is in- 
cumbent upon the Governor thereof to issue 
writs of election to fill such vacancy ; and the 
newly elected Eepresentative shall fill out the 
unexpired term wherein the vacancy exists. 3 

The House of Eepresentatives shall choose 
its Speaker 4 and have the sole power of im- 
peachment of its members. 

Note. — Representatives draw $7500 a year salary, and 
ten cents a mile for traveling to and from each session. 
In the first Congress each Representative was paid six 
dollars a day while in attendance at each session, and 
mileage. 

3 Article I. sec. ii. par. 4, Constitution. 
4 Article I. sec. ii. par. 5, Constitution. 



The United States Go vehement 31 



SPEAKERS OF THE HOUSE OF REPRESENTATIVES 

NAME. STATE. YEAR. 

F. A. Muhlenburg, Pa. 1789. 

Jonathan Trumbull, Conn. 1791. 

F. A. Muhlenburg, Pa. 1793. 

Jonathan Dayton, N. J. 1795. 

Theo. Sedgwick, Mass. 1799. 

Nathaniel Macon, N. C. 1801. 

Joseph B. Varnuin, Mass. 1807. 

Henry Clay, Ky. 1811. 

Langdon Cheves, . S. C. 1814. 

Henry Clay, Ky. 1815. 

John W. Taylor, N. Y. 1820. 

Philip P. Barbour, Va. 1821. 

Henry Clay, . . . Ky. 1823. 

John W. Taylor, N. Y. 1825. 

Andrew Stevenson, Va. 1827. 

John Bell, Tenn. 1834. 

James K. Polk, Tenn. 1835. 

R. M. T. Hunter, Va. 1839. 

John White, Ky. 1841. 

John W. Davis, Va. 1843. 

John W. Jones, Ind. 1845. 

Robert C. Winthrop, Mass. 1847. 

Howell Cobb, Ga. 1849. 

Linn Boyd, Ky. 1851. 

Nathaniel P. Banks, Mass. 1855. 

James L. Orr, . S. C. 1857. 

William Pennington, N. J. 1859. 

Galusha A. Grow, Pa. 1861. 

Schuyler Colfax, Ind. 1863. 

James G. Blaine, Maine. 1869. 

Michael C. Kerr, ........ Ind. 1875. 

Samuel J. Randall, Pa. 1876. 

Joseph W. Keifer, Ohio. 1881. 

John G. Carlisle, Ky. 1883. 

Thomas B. Reed, Maine. 1889. 

Charles F. Crisp, Ga. 1891. 

Thomas B. Reed, Maine. 1895. 

David B. Henderson, Iowa. 1899. 

Joseph G. Cannon, 111. 1903. 

Champ Clark, Mo. 1911. 



32 The United States Government 

The Election of Senators — The less nu- 
merous branch of the Congress of the United 
States is the Senate. It is composed of two 
Senators from each State, 5 and they are 
elected by the legislatures of the several 
States, the election being by ballot. A Sena- 
tor's term of office is six years, but the elec- 
tions are so arranged 6 that only one-third of 
the Senators can be changed or re-elected 
oftener than every two years, except in the 
case of an irregular vacancy, which is gener- 
ally filled by appointment from the Governor 
of the State where the vacancy exists for the 
unexpired term, or till the legislature meets. 

Qualifications of Senators — No person is 
qualified to be a Senator who has not attained 
the age of thirty years, 7 and who has been 
nine years a citizen of the United States ; and 
must also be an inhabitant at the time of his 
election of the State from which he is elected. 

Each State has the power to prescribe the 
times, places, and manner of holding elections 
for both Senators and Eepresentatives, 8 but 
Congress has the constitutional right to make 
new laws, or alter the State laws with refer- 
ence to the same, except the places of choos- 

5 Article I. sec. iii. par. 1, Constitution. 
^Article I. sec. ii. par. 2, Constitution. 
7 Article I. sec. iii. par. 3, Constitution. 
8 Article I. sec. iv. par. 1, Constitution. 



The United States Govebnment 33 

ing Senators, which must be at the State seat 
of government. 

Officers of the Senate — The Senate shall 
have power to choose all its officers, except 
the presiding officer, who is the Vice-Presi- 
dent of the United States ; and, in case he is 
acting as President, or for any other reason 
absent, the Senate shall elect a presiding offi- 
cer pro tempore. Unless there is a tie of 
votes in the Senate the Vice-President has no 
vote, but simply officiates. 

Twofold Office of the Senate — In the 
Senate is vested the sole power of impeach- 
ment ; and when sitting for that purpose the 
members shall be on oath or affirmation, for 
they are acting in a judicial capacity. If the 
President of the United States is tried, the 
Chief Justice of the Supreme Court shall pre- 
side, in order to insure the utmost fairness to 
him. A two-thirds concurrence of all the 
members present is necessary for a convic- 
tion, and the verdict extends no further than 
removal from office and denial of the right of 
enjoying any office of honor, trust, or profit 
under the laws of the United States. Thus it 
is that the Senate, like the House of Bepre- 
sentatives, has a twofold office — that is, a leg- 
islative and judicial capacity, but the latter is 
rarely exercised. 



34 The United States Goveknment 



PRESIDING OFFICERS OF THE SENATE 



NAME. 

John Adams, . . 
Thomas Jefferson, 
Aaron Burr, . . 
George Clinton, 
Elbridge Gerry, 
Daniel D. Tompkins, 
John C. Calhoun, . 
Martin Van Buren, 
Richard M. Johnson, 
John Tyler, . . . 
George M. Dallas, 
Millard Fillmore, 
William R. King, . 
John C. Breckinridge 
Hannibal Hamlin, 
Andrew Johnson, . 
Schuyler Colfax, . 
Henry Wilson, . . 
William A. Wheeler, 
Chester A. Arthur, 
Thomas A. Hendricks, 
Levi P. Morton, . . 
Adlai E. Stevenson, . 
Garret A. Hobart, . 
Theodore Roosevelt, 
Charles W. Fairbanks, 
James S. Sherman, . 



STATE. 



YEAR. 



Mass. 


1789. 


Va. 


1797. 


N. J. 


1801. 


N. Y. 


1805. 


Mass. 


1813. 


N. Y. 


1817. 


S. C. 


1825. 


N. Y. 


1833. 


Ky. 


1837. 


Va. 


1841. 


Pa. 


1845. 


N. Y. 


1849. 


N. C. 


1853. 


Ky. 


1857. 


Maine. 


1861. 


Tenn. 


1865. 


Ind. 


1869. 


Mass. 


1873. 


N. Y. 


1877. 


N. Y. 


1881. 


Ind. 


1885. 


N. Y. 


1889. 


111. 


1893. 


N. J. 


1897. 


N. Y. 


1901. 


Ind. 


1905. 


N. Y. 


1909. 



Creation of Congkess — The Congress of 
the United States was instituted by the Con- 
stitution, which prescribes its membership 
and defines its powers. There is no original 
power vested in or exercised by that repre- 
sentative body, for, unlike the several States, 



Note. — Senators receive a compensation of $7500 a year 
for their services and mileage now, but the first Senators 
received only six dollars a day and traveling expenses. 



The United States Government 35 

all its power and authority are delegated in 
express terms or used by clear implication 
from the Constitution. Its powers and duties 
are many and varied, but each one is derived 
from that constitutional grant. 

Assembling of Congress — Congress assem- 
bles once every year, on the first Monday in 
December, unless an extra session is called by 
the President, in which event there would be 
two sessions in one year. Each Congress is 
numbered numerically forward, a single Con- 
gress covering a period of two years, regard- 
less of how many sessions are held during 
that time. In one hundred and twenty-two 
years there have been sixty-two Congresses, 
with a regular session annually and several 
extra sessions. 

Organizing of Congress — The first action 
that is taken after the assembling of Congress 
is to organize. After the newly elected Sena- 
tors and Eepresentatives present to the Sen- 
ate or House of Eepresentatives — the one to 
which each is elected to become a member — 
duly authenticated credentials or commis- 
sions from the proper executive authority of 
the State which they are elected to represent, 
or the district of the State, they are all sworn 
into office. Then the new Congress assumes 
the powers entrusted to it, and proceeds to 



36 The United States Government 

organize ; that is done by electing or appoint- 
ing the various officers of the two Houses. 
The most important function of the new Con- 
gress is the election of the Speaker of the 
House of Kepresentatives, a position that 
carries a power of influence in shaping and 
moulding legislation. The Speaker has a 
more remunerative, more honorable, and 
more responsible office than any other mem- 
ber of the House. The Vice-President being 
the presiding officer of the Senate, there is no 
election to fill that office, but all the other 
officers are either elected or appointed to com- 
plete the organization. 

Government of Congress — Each House 
has an independent government of its own. 
It shall be judge of the elections, 9 returns, and 
qualifications of its own members ; may seat 
or expel a member by two-third vote ; and a 
majority of each House shall constitute a 
quorum to do business ; but a smaller number 
may cause a temporary adjournment (such 
as from day to day, but not for a longer time 
than three consecutive days, nor even with a 
quorum, without the consent of the other 
House 10 to any other place than where it is 
sitting) ; compel attendance, and impose pen- 

Note. — The Speaker of the House of Representatives 
draws a salary of $12,000 per annum. 

"Article I. sec. v. par 1, Constitution. 
"Article I. sec. v. par. 4, Constitution. 



The United States Government 37 

alties. Each Honse lias power to impeach, its 
own members for cause shown, but there are 
only a few instances where a member has been 
actually impeached, even though tried. 

Duties of Congress — It is the highest duty 
of every Congressman to look after the best 
interests of his constituency and the welfare of 
the Government in general, and it is the duty 
of Congress as a body to provide ways and 
means of raising revenue to defray the ex- 
penses of the Government ; to make sufficient 
appropriations to carry on the works of the 
various agencies of the Government; and to 
enact favorable laws for the best interests of 
the growing demands of the people and the 
Government. It is not easy to conceive the 
extent and amount of work that Congress 
does annually; it has grown to be enormous. 
In the early days of the nation the govern- 
mental expenses were only a few million dol- 
lars, but the Sixtieth and Sixty-first Con- 
gresses had to expend upward of a billion of 
dollars each in defraying the expenses of the 
Government in order to keep in touch with the 
progress of the day. While there is no indi- 
cation of a backward tendency, and following 
the natural course of things, there will be 
greater strides in governmental progress in 
years to come than in years gone by. 



38 The United States Government 

The Eules of Each House — It is a consti- 
tutional privilege of each House to determine 
its own rules and regulations for its proceed- 
ings, and to punish its members for disorderly 
behavior. It shall also keep a journal of its 
proceedings, and from time to time publish 
the same, except such as is necessary to be 
entered on the " Secret Journal/' At any 
time the Yeas and Nays of either House, at 
the desire of one-fifth present, shall be en- 
tered on the journal for any purpose. 

Privilege of Congressmen — Congress has 
the power to regulate their salaries, 11 w^hich 
are paid out of the Treasury of the United 
States, at stated intervals, in the same man- 
ner as to other officers of the Government; 
but no Congressman is permitted to hold any 
civil office that has been created under the 
Government, or the emoluments whereof has 
been increased during his term of office ; 12 that 
is to say, a Senator could not resign his office 
as Senator and accept a civil office that had 
been created or the pay raised while he was a 
member of Congress. 

In all cases, except treason, felony, and 
breach of the peace, members of Congress 
shall be privileged from arrest during their 
attendance at the sessions of their respective 

"Article I. sec. vi. par. 1, Constitution. 
12 Article I. sec. vi. par. 2, Constitution. 



The United States Government 39 

Houses, and going to and returning from the 
same ; and for any speech or debate in either 
House they shall not be questioned in any 
other place. Such expressions may be ques- 
tioned on the floor of the House, but does not 
privilege malicious libels and slanderous ut- 
terances to be published by virtue of having 
been spoken within the halls of Congress. 

The Powers of Congress — The Constitu- 
tion of the United States sets out in clear 
terms eighteen 13 express powers by which 
Congress is governed in all matters of legisla- 
tion, besides other implied powers that are 
necessarily within the scope of its action, and 
are not so expressly stated. 

Congress shall have power to provide for 
raising all the revenue, by uniform taxation, 
for defraying the expenses of the Govern- 
ment; to borrow money on the credit of the 
United States; to regulate commerce with 
foreign nations, Indian tribes, and interstate 
commerce; to enact uniform naturalization 
and bankruptcy laws ; to coin and regulate the 
value of moneys and fix the standard of 
weights and measures ; to provide for the pun- 
ishment of counterfeiters of moneys and se- 
curities; to establish post offices and post 
roads; to provide laws securing to authors 
the exclusive rights to their writings and dis- 

13 Article I. sec. viii. par. 1-18, Constitution. 



40 The United States Government 

coveries; to constitute tribunals inferior to 
that of the Supreme Court ; to define and pun- 
ish piracies and felonies committed on the 
high seas, and national offenses; to declare 
war, and do such other things as pertain 
thereto in war times; to raise and support 
armies, but not for a longer period than two 
years ahead ; to provide and maintain a navy ; 
to govern the land and naval forces ; to pro- 
vide for calling forth the State militia to exe- 
cute the laws of the Union ; to suppress insur- 
rection and repel invasion ; to provide for or- 
ganizing, arming, and disciplining the State 
militia for the Government, but reserving to 
the States the power of officering and training 
the soldiery according to discipline prescribed 
by Congress; to govern the territory em- 
braced in the District of Columbia by appro- 
priate legislation ; and to pass all laws which 
shall be necessary and proper for carrying 
into execution all the powers set forth in the 
Constitution. 

The Prohibitions of Congress — Congress 
is restricted as well as empowered in its legis- 
lative capacity. There are eight restrictions 
set forth in the original Constitution, but the 
first one is obsolete. 14 It can pass no law pro- 
viding for the suspension of the writ of ha- 
beas corpus; can pass no bill of attainder ; lay 

"Article I. sec. ix. par. 1, Constitution. 



The United States Government 41 

no capitation or other direct tax, unless in 
proportion to last census; can collect no tax 
or duty on goods shipped from one State to 
another ; can give no preference to regulating 
commerce to the ports of one State over those 
of another, nor to compel vessels to enter any 
other port than the one to which they are 
bound ; can cause no money to be drawn from 
the Treasury but in consequence of appropri- 
ation made by law, and a statement of the 
same must be made from time to time; and 
grant no title of nobility ; and no person, hold- 
ing any office of trust or profit under the 
United States, shall, without the consent of 
Congress, accept any present, emolument, 
office, or title, of any kind whatsoever, from 
any king, prince, or foreign state. 

In enacting any law by Congress, the sole 
power to do so is derived from that constitu- 
tional grant ; hence to go beyond that power 
would amount to a nullity, for the Supreme 
Court would declare the law unconstitutional 
and void. 

Committee System — Most all legislation in 
Congress is accomplished through and by the 
"Committee System' '; that is to say, the bill 
that is introduced is first considered by the 
proper committee, being referred by the pre- 
siding officer of the particular House before 



42 The United States Government 

which it is pending to such committee before 
it is acted upon. 

The various committees are elected or se- 
lected by rules established by each House, but 
the membership is generally composed of 
members from both political parties (or all 
parties), with, of course, the dominant party 
as a rule standing in the majority. 

Committees of the House — In the House 
of Eepresentatives are fifty-six standing 
committees, regularly organized, which have 
charge of the work along the line for which each 
is created. They are as follows: Accounts; 
Agriculture ; Alcoholic Liquor Traffic ; Appro- 
priations; Banking and Currency; Census; 
Claims; Coinage, Weights and Measures; 
Disposition of Paper; District of Columbia; 
Education; Election of President and so 
forth; Election No. 1; Election No. 2; Elec- 
tion No. 3 ; Enrolled Bills ; Expenditure Com- 
mittee for each of the nine Departments and 
one for Public Buildings ; Indian Affairs ; In- 
dustrial Arts and Exposition; Insular Af- 
fairs ; Interstate and Foreign Commerce ; In- 
valid Pensions; Irrigation of Arid Lands; 
Judiciary; Labor; Library; Merchant Ma- 
rine and Fisheries; Mileage; Military Af- 
fairs ; Mines and Mining ; Naval Affairs ; Pat- 
ents ; Pensions ; Post Offices and Post Eoads ; 



The United States Government 43 

Printing; Public Buildings aiid Grounds; 
Public Lands; Eailways and Canals; Eeform 
in the Civil Service ; Eevision of Laws ; Eiv- 
ers and Harbors; Bules; Territories; War 
Claims ; Ways and Means. 

Senate Committees — In the Senate are 
seventy-two regularly organized standing 
committees, which are given herewith: Agri- 
culture and Forestry; Appropriations; Au- 
dits of the Senate ; Canadian Eelations ; Cen- 
sus; Civil Service Eetrenchment ; Claims; 
Coast and Insular Survey; Coast Defense; 
Commerce; Conservation and National Ee- 
sources; Corporations in the District of Co- 
lumbia ; Cuban Eelations ; Disposition of Use- 
less Papers ; District of Columbia ; Education 
and Labor ; Engrossed Bills ; Enrolled Bills ; 
Examination of Civil Service; Expenditures 
for the nine Departments of the Government, 
a Committee each; Finance; Fisheries; Five 
Tribes of Indians; for the Library of Con- 
gress; Foreign Eelations; Forest Eeserva- 
tion; Geological Survey; Immigration; In- 
dian Affairs; Indian Depredations; Indus- 
trial Expositions; Interoceanic Canals; In- 
terstate Commerce; Investigate Trespasses 
on Indian Lands ; Irrigation of Arid Lands ; 
Judiciary; Library; Manufactures; Military 
Affairs ; Mines and Mining ; Mississippi Eiver 



44 The United States Government 

and Tributaries; Naval Affairs; Pacific 
Islands and Porto Eico; Pacific Eailroads; 
Patents; Pensions; Philippines; Post Offices 
and Post Eoads; Printing; Private Land 
Claims; Privileges and Elections; Public 
Buildings and Grounds; Public Expendi- 
tures; Public Health; Public Lands; Eail- 
roads; Eevision of Laws; Eevolutionary 
Claims ; Eules ; Standards, Weights and Meas- 
ures; Territories; Transportation Eoutes to 
Seaboard; Transportation and Sale of Meat 
Products; University of United States; 
Woman Suffrage. 

Enacting a Law — A bill is first properly 
and regularly drawn up, by any member of 
Congress or anyone else (but all bills for rais- 
ing revenue must originate in the House), 
according to certain established forms in use 
by law ; and at the proper time, when it is in 
order to introduce bills in either House, the 
presiding officer announces that fact, and the 
member who desires to introduce a bill deliv- 
ers a regularly prepared "blank bill" to that 
officer, through the secretary. The Speaker 
of the House or President of the Senate, as 
the case may be, announces then that the bill 
has been read twice; and then he refers it, 
according to classification, to the proper com- 
mittee. At the close of each day's session all 



The United States Goveknment 45 

bills are sent to the Government Printing 
Office to be printed, and in doing so each alter- 
nate line is used and numbered consecutively, 
which is done for the sake of simplicity and to 
make any part of it easy for reference. 

FORM OF BILL. 

Sixty-first Congress, 1st Session. S. 4256. 



In the Senate of the United States. 
May 10, 1909. 

Mr. introduces the following bill, which was read 

twice and referred to the Committee on Commerce. 



A BILL 



directing the Secretary of the Treasury to reimburse 
the City of Bandano, Mississippi, for protecting prop- 
erty from the encroachment of the Mississippi River. 

1. Be it enacted by the Senate and House of Repre- 

2. sentatives of the United States of America in Con- 

3. gress assembled, That the Secretary of the Treasury 

4. be, and is hereby, authorized and directed to pay to 

5. the City of Bandano, Mississippi, the sum of four 

6. hundred and twenty-five thousand six hundred and 

7. ninety-eight dollars and forty-two cents out of any 

8. money not otherwise appropriated, to reimburse it 

9. for money expended in protecting the City of Ban- 

10. dano from the encroachment of the Mississippi 

11. River. 15 

15 Facsimile of a bill. 



46 The United States Government 

The above is a short bill, but the form, en- 
acting clause, and arrangement of the lines 
are identical with the bills now used by Con- 
gress. The body of some bills cover many 
pages. 

After the bill is printed a great number of 
copies are filed in one or the other of the 
House or Senate Document Eooms, depend- 
ing upon to which House it belongs, and any- 
body may get a copy. 

Any member of Congress has the legal 
right and privilege to bring up the bill and 
lay it before his respective House, but that is 
now generally done by a leader, chosen by a 
caucus held for the purpose of considering 
the bill from a party standpoint, or a leader 
by virtue of some other mode of selection. 
However that may be, when a bill is brought 
before either House, it is open for debate just 
as much so as when before any of the various 
committees; and subsequent changes and 
amendments are brought about by vote after 
motion. Upon the floor of either House, or 
before any one of the committees, the rules 
that govern debating are somewhat different ; 
each House has its own rules in regard to de- 
bating, depending somewhat upon the nature 
of the bill, and so on. 

When the bill that has passed the commit- 



The United States Government 47 

tee in charge comes before the proper House, 
it is read three times, and, after being de- 
bated, is voted upon. The voting is done by 
Yeas and Nays ; but at a call of one-fifth pres- 
ent the votes are entered on the journal kept 
for record of the proceedings, and if a ma- 
jority of the votes present are in the affirma- 
tive, the bill passes before that House; like- 
wise, if a majority of the votes present are 
negative, the bill is lost. All bills are read 
before each House by the Beading Clerk. 

Bills that have passed either House are 
then sent to the other one to be considered 
in the same way; and if the bill is amended 
or altered in any way it has to go back to the 
House of its origin for a reconsideration in 
its amended form. To facilitate its passage 
in such a case, it is generally referred to a 
"Committee on Conference," composed of 
members of both Houses, to consider the 
changes and recommend a bill, in a modified 
form, that would be satisfactory to both 
Houses. As a rule, such a bill is generally 
passed as modified. 

When the Senate and House of Eepre- 
sentatives have passed the bill verbatim, it 
is then sent to the President for his signa- 
ture. 16 If he signs the bill, it eo instanti be- 
comes a law, unless otherwise provided in 

"Article I. sec. vii. par. 2, Constitution. 



48 The United States Government 

the bill itself; if he vetoes the bill, it is like- 
wise killed, so to speak, provided that Con- 
gress does not pass it over his head by a two- 
thirds majority of both Houses ; even then it 
would operate as a kind of new legislation 
rather than the revival of the old bill. 

The veto power has never been used to any 
extent by any of the Presidents except one, 17 
who vetoed more than five hundred bills dur- 
ing his Presidency. Very few of them were 
ever passed over his head by Congress. 

Whenever a President allows a bill to re- 
main on his desk for ten days without sign- 
ing, after it has been presented to him, it 
becomes a law the same as if he had actually 
signed it. However, this does not apply to 
the last ten days of any session of Congress, 
for in theory the legislative functions of that 
law-making body must all be intact when any 
law is enacted; hence for the President to 
sign a bill, or compute time, after the adjourn- 
ment of Congress, would make the act a null- 
ity. It is true that the same has been done, 
but it is no longer practiced; so now all bills 
that have passed the two Houses are either 
signed or vetoed on the last day of the session, 
if not before, as it is customary for the Presi- 
dent to do so. All bills that have been intro- 
duced in Congress die with the adjournment 

"President Cleveland. 



The United States Govebnment 49 

of Congress unless they have been enacted 
into law. 

The Secretary of State is the custodian of 
the numerous laws passed by Congress. He 
publishes them and the officials of the Govern- 
ment enforce them. 



CHAPTER IV 

THE EXECUTIVE BKANCH 

The executive power of the United States 
shall be vested in a President. All executive 
officers are subordinate to him, and they are 
his agents in performing the duties of the 
office of President. He is subject to the laws 
of the land, like other individuals, for viola- 
tions thereof. Although his office is the high- 
est in the gift of the nation, the President 
may, for cause shown to Congress, be im- 
peached of his office. 

Qualifications of the President — In or- 
der for anyone at this stage of American his- 
tory to be eligible to the Presidency of the 
United States, he must be a natural-born citi- 
zen, thirty-five vears old, and must have re- 
sided within the territory of the United States 
for a period of fourteen years. A person may 
have actually been born in the United States 
and yet not be a citizen; and likewise, a per- 
son may have been born abroad and still be a 
citizen. Children born on foreign territory 
whose parents are representative citizens of 

50 



The United States Government 51 

this country are considered natural-born citi- 
zens, and would come within the requirements 
leading up to the Presidency. Then, again, 
children born of foreign parentage while re- 
siding here in an official capacity are consid- 
ered aliens to this Government, but citizens of 
their respective countries. A child of a rep- 
resentative, if born on foreign soil, residing 
abroad as an alien for twenty-one years, and 
at the expiration of that time taking up his 
abode as a citizen in the United States, 
would be lawfully considered qualified to be 
President at the age of thirty-five — the young- 
est constitutional age, provided his citizen- 
ship during that period is not interrupted. 
So also would it be with anyone who is con- 
sidered natural-born, if he live the required 
number of years in this Government before 
he aspires to seek the Presidency. 

Nomination of the President — The Presi- 
dent and Vice-President— the lawful succes- 
sor to the Presidency in case of a vacancy — 
are each chosen from a different State ac- 
cording to the Constitution, 1 and both are 
nominated and elected together for a term of 
four years, the term to begin on the 4th of 
March following the election. Both of them 
are nominated at a national convention, by 
delegates from the various States chosen for 

Article XII. sec. i. Constitution. 



52 The United States Goveknmext 

the purpose, and by whatever party they hold 
to represent. The time and place of the na- 
tional convention are fixed by the national 
executive committee of the party holding such 
convention. 

Election of the Pkesident — Each State as 
an organization appoints, by the proper au- 
thority, as many electors as there are Sena- 
tors and Eepresentatives from such State in 
Congress, and such electors are voted for, at 
the national election, by the qualified voters 
(by States) in all the States. These electors 
constitute the Electoral College. No person 
holding an office of trust or profit under the 
United States shall be appointed to hold the 
position of elector. 

The electors are voted for directly by the 
people, and whichever set are elected (for 
there may be several parties) they must meet 
in the way and manner prescribed by law in 
each State, and vote by ballot for two per- 
sons, a President and Vice-President, naming 
distinctly the person voted for to fill each 
office; and then they shall make a distinct list 
of all the ballots cast for each candidate, 
and the number of votes each received, which 
list they shall sign and certify, and transmit 
it under seal to the seat of Government of 
the United States, directed to the President 



The United States Goveknmestt 53 

of the Senate, who shall, on a day set for the 
opening and counting of the ballots, in the 
presence of the Senators and Bepresenta- 
tives assembled, proceed to open and count 
the same. The candidate who receives the 
greatest number of votes, if a majority of the 
whole number in the Electoral College, 2 is so 
declared to be elected ; but if no person has a 
majority of the whole number of electors ap- 
pointed, then from the list of persons having 
the highest number of votes, not exceeding 
three in all from the number voted for as 
President, the House of Eepresentatives shall 
choose immediately, by ballot, the President. 
In making the choice each State representa- 
tion will have one vote as a body, and a 
quorum will consist of a member or members 
from two-thirds of the States, but it will re- 
quire a majority of all the States to effect a 
choice. In the event that no one is elected or 
no choice made by Congress by the following 
March 4, the Vice-President shall act instead 
till a President is elected and has qualified. 

The Vice-President is elected in the same 
manner as the President, but in case of a tie, 
or no election, it devolves upon the Senate to 
elect a Vice-President, which body shall make 
a choice from the names of the two candidates 
who received the highest number of votes to 

2 At this writing 525 will constitute the Electoral College. 



54 The United States Government 

fill that office; but in making the choice it is 
necessary to have two-thirds of the whole 
number of Senators present for a quorum, 
and the majority of the whole number will be 
necessary for a choice. Each Senator has a 
vote, and the election is by ballot. No person 
constitutionally ineligible to the office of the 
Presidency can be elected as Vice-Presi- 
dent. 

The Inauguration of the President — The 
President 3 of the United States is formally 
inaugurated on the 4th of March following 
his election, unless that day falls on a Sunday, 
when he is sworn into office on the day fol- 
lowing. He is required to take the oath of 
office prescribed in the Constitution, and ad- 
ministeredby the Chief Justice of the Supreme 
Court, which is: "I do solemnly swear (or 
affirm) that I will faithfully execute the office 
of President of the United States, and will, 
to the best of my ability, preserve, protect, 
and defend, the Constitution of the United 
States." 4 Immediately he is qualified to enter 
upon the duties of that exalted office. 

As Chief Executive — The President is the 
Chief Executive of the nation and the com- 
mander-in-Chief of the army and navy, but 

s The salary of the President is $75,000 a year ; the Vice- 
President, $12,000 a year. 
*Article II. sec. i. par. 7, Constitution. 



The United States Government 55 

these last-named powers are exercised through 
the Secretary of War and the Secretary of 
the Navy. The militia of the several States 
also come within the scope of his power when 
called into active service of the United States. 
This is rarely done. He is the fountain head 
of all executive power and authority, and all 
inferior officers, in an official capacity, are 
subservient to him. 

Duties of the President — The President 
shall from time to time give to Congress infor- 
mation regarding the state of the Union, and 
recommend appropriate legislation, if he 
deems it necessarv, to meet the conditions of 
the Government at the time being. 5 At one 
time that was done in an open message to 
Congress in person, but that has long since 
ceased to be the practice ; so now all messages 
are written by the President and read in Con- 
gress by the Eeading Clerk in each House. 
Annual messages are generally long and em- 
brace a variety of subjects, but special mes- 
sages, which are sent to Congress from time 
to time, are as a rule short, covering only a 
subject or two. 

It is the duty of the President, on extraor- 
dinary occasions, to convene both or either of 
the Houses of Congress ; and in case of a dis- 
agreement as to the time of adjournment be- 

'Article II. sec. ii. par. 1, Constitution. 



56 The United States Government 

tween the Houses lie may adjourn them to 
such time as he thinks proper. 

Ambassadors and other public ministers 
should be received by him. The President 
shall take care that all the laws are faithfully 
and fully executed; and he shall commission 
all the officers of the United States. 

Powers of the President — The President 
has power to make treaties with foreign coun- 
tries, but two-thirds of the Senators must 
concur in such treaty before it becomes effect- 
ive as law. The power of making treaties is 
one of the legislative powers of the President ; 
his. veto power is another. 

Ambassadors, public ministers, consuls, 
supreme court justices, federal court judges, 
postmasters at Presidential offices, cabinet 
officers, and other officers and representatives 
are appointed directly by the President, with 
the advice and consent of the Senate. It is 
provided by law that all other inferior offices 
are to be filled by appointment by the Presi- 
dent, by courts of law, or by heads of depart- 
ments. All vacancies occurring in an appoint- 
ive office during recess of the Senate are tem- 
porarily filled by the President, and the term 
of office expires at the end of the following 
session. 

In case of all criminal offenses against the 



The United States Government 57 

United States the President has power to 
grant reprieves and pardons, except in cases 
of impeachment; but he cannot intervene to 
relieve a subject of a civil duty to the Gov- 
ernment. 

Impeachment of the Peesident — -The Pres- 
ident, Vice-President, and all civil officers of 
the United States shall be removed from office 
on impeachment 6 for, and conviction of, trea- 
son, bribery, or other high crimes and misde- 
meanors. The Senate of the United States 
acts in a judicial capacity when the President 
is tried before that body; and there is no 
change in the personnel of that tribunal, ex- 
cept that the Chief Justice of the Supreme 
Court presides at the trial instead of the Vice- 
President. 

The Constitution provides Congress with 
power to create the various departments of 
the Government for the purpose of enabling 
the President to more fully and successfully 
carry out and execute the work in the differ- 
ent branches of the Government. 

At the first session of Congress four de- 
partments were planned and established by 
law, but necessity has made it advisable for 
the number of departments to be increased; 
so one by one other departments have been 
added to the number until now there are nine 
6 Article II. sec. iv. par. 1, Constitution. 



58 The United States Goveknment 

in all. At the head of each department is a 
Secretary, who is charged with the general 
supervision of that branch of the national ex- 
ecutive affairs, and who is also one of the 
Cabinet Officers. In each department the 
work is well classified and carried on in a sys- 
tematic way. From the assignment of the 
highest grade clerk down to the lowest mes- 
senger boy the various lines of work are care- 
fully and correctly attended to by way of the 
proper channel for conducting the same. 
Most all the employees of the different de- 
partments come under the "Classified Civil 
Service, ' ' and many of them, having had long 
years of practical training and experience, 
should be enabled to be valuable servants to 
the Government. Of the 368,000 employees 
of the Government about 235,000 are under 
the rules that govern the Classified Civil 
Service employees, and most of the others 
belong to either the army or the navy. The 
fundamental object of the Classified Civil 
Service is to improve and regulate the Gov- 
ernment service, and it has accomplished a 
great deal in that direction, but there is room 
for vast improvement even yet. 



The United States Government 59 



PRESIDENTS OF THE UNITED STATES 



NAME. 

George Washington, 
John Adams, 
Thomas Jefferson, 
James Madison, . 
James Monroe, 
John Q. Adams, . 
Andrew Jackson, . 
Martin Van Buren, 
William H. Harrison 
John Tyler, . . . 
James K. Polk, 
Zachary Taylor, . 
Millard Fillmore, 
Franklin Pierce, . 
James Buchanan, 
Abraham Lincoln, 
Andrew Johnson, . 
Ulysses S. Grant, 
Rutherford B. Hayes 
James A. Garfield, 
Chester A. Arthur, 
Grover Cleveland, 
Benjamin Harrison, 
Grover Cleveland, 
William McKinley, 
Theodore Roosevelt, 
William H. Taft . 



STATE. 


YEAR. 


Va. 


1789. 


Mass. 


1797. 


Va. 


1801. 


Va. 


1809. 


Va. 


1817. 


Mass. 


1825. 


Tenn. 


1829. 


N. Y. 


1837. 


Ohio. 


1841. 


Va. 


1841. 


Tenn. 


1845. 


La. 


1849. 


N. Y. 


1850. 


N. H. 


1853. 


Pa. 


1857. 


111. 


1861. 


Tenn. 


1865. 


D. C. 


1869. 


Ohio. 


1877. 


Ohio. 


1881. 


N. Y. 


1881. 


N. Y. 


1885. 


Ind. 


1889. 


N. Y. 


1893. 


Ohio. 


.1897. 


N.Y. 


1901. 


Ohio. 


1909. 



The Department of State 



Establishment of the Department — The 
Department of State was established by Con- 
gress July 27, 1789, and at first was called the 
Department of Foreign Affairs. The scope 
of its operations and the office force has been 
extended and increased at various stages of 



60 The United States Government 

the nation's history, until now there are thou- 
sands of employees in the different branches 
of the Department, stationed in all parts of 
the world. % 

Office of the Secretary— At the head of 
the Department of State is the Secretary, at 
a salary of $8000 per annum. 7 He is ap- 
pointed by the President and confirmed by 
the Senate, like all the heads of departments, 
but is subject to removal by the former, al- 
though Congress at one time passed a tenure 
of office law regarding the same that was 
never fully enforced as to Cabinet Officers. 

Duties of the Secretary — The Secretary 
of State is subordinate to the President, and 
is charged with all duties appertaining to cor- 
respondence with public ministers and consuls 
of the United States, and with the representa- 
tives of foreign powers accredited to this 
country, and to all regulations, no matter of 
what character, that relate to the foreign 
affairs of the Government. He is also the 
medium of correspondence between the Pres- 
ident and the Governors of the several States. 

The Great Seal — The Great Seal of the 
nation must be affixed by the Secretary, after 
countersigning, to all executive proclama- 
tions, to various commissions, and to warrants 
of extradition for foreign fugitives from jus- 

T The salary of the first Secretary was $3000 per annum. 



The United States Government 61 

tice. All passports and exequaturs to foreign 
consuls in the United States are issued 
through his office ; and he is the lawful custo- 
dian of all treaties made with foreign States, 
and of the laws of the United States. The 
laws and regulations of Congress, amend- 
ments to the Constitution, and proclamations 
declaring the admission of new States into the 
Union are all published and proclaimed by 
and under his directions. All the duties that 
fall upon the Secretary are in an official ca- 
pacity, however, and most of them are per- 
formed and executed by his official force. 

Eelative Bank — No Cabinet Officer ranks 
higher than the Secretary of State, and in the 
event of the death of both the President and 
Vice-President of the United States he suc- 
ceeds to the Presidency by virtue of his office. 
Should he in turn die while acting as Presi- 
dent, the succession would continue through 
all the other members of the President's Cabi- 
net according to their rank until such time as 
the regular Presidential election should have 
taken place. 

Assistant Secretaries of State — Under 
the organization of the Department of State 
the three Assistant Secretaries (salaries 
$5000 per annum) are charged with the im- 
mediate supervision of all correspondence 



62 The United States Goveknment 

with the diplomatic and consular officers, and 
are entrusted with the preparation of all cor- 
respondence upon any question arising in the 
course of the public business that may be as- 
signed to them. 

Chief Clekk — The Chief Clerk (salary 
$3000 per annum) has general supervision of 
all the clerks and employees of the entire De- 
partment of State on all matters, and cares 
for its respective property. 

Classified Wokk — In the Department of 
State there are eight bureaus, or subdivisions, 
through which all the business is conducted, 
thereby enabling the work to be done more 
thoroughly and systematically. 

Diplomatic Bureau — The Diplomatic Bu- 
reau consists of four divisions — that of Latin- 
American Affairs (Mexico, Central and South 
American countries and the adjacent islands) ; 
that of Far Eastern Affairs (Asia and the 
Pacific Islands) ; that of Near Eastern Af- 
fairs (Central Europe, Egypt and Abys- 
sinia) ; and that of Western European Affairs 
(the European countries near the Atlantic, 
Great Britain and most of her possessions) ; 
and it is the duty of these bureaus to attend 
to all correspondence and matters relating to 
the diplomatic affairs in these countries. In 
the diplomatic service there are 49 represen- 



The United States Government 63 

tatives, of varied classes, drawing salaries 
ranging from $1000 to $17,000 a year, with 
attendants, assigned to different posts in 
these various countries. 

Consular Bureau — The United States has 
stationed abroad 57 consuls-general, classified 
into seven classes, and paid salaries varying 
from $3000 to $12,000 a year for their serv- 
ices. Also 141 consuls, divided into nine 
classes, and whose salaries range from $2000 
to $8000 a year. It is the duty of these con- 
suls, wherever they may be stationed, to look 
after the commercial interests of this coun- 
try, and it is incumbent upon the Consular 
Bureau to attend to all correspondence and 
miscellaneous matters relating thereto. It is 
understood that each consul has charge of a 
certain district or territory for his opera- 
tions; the district at Hong Kong, or Ham- 
burg, or Melbourne, for example. 

Bureau of Trade Eelations — All informa- 
tion of a commercial character for the use of 
the Department of State is compiled by and 
through the Bureau of Trade Eelations. 

Bureau of Appointments — Everything ap- 
pertaining to examinations, applications, ap- 
pointments, commissions, bonds, warrants of 
extradition, and records is handled by this 
bureau, together with the Great Seal. 



64 The United States Government 

Bureau of Citizenship — This bureau must 
keep all necessary records of citizenship and 
matters relating thereto, and to make exami- 
nation for application for all passports and 
issue the same. 

Bureau of Indexes and Archives — As the 
name indicates, it is the office of this bureau 
to open, index, and register all correspond- 
ence, and preserve the archives. 

Bureau of Accounts — Each account con- 
cerning the disbursements of appropriations, 
and the custodv thereof, and also of all indem- 
nity and supply bonds, are charged to the 
Bureau of Accounts, where an itemized, accu- 
rate set of books is kept for the benefit of the 
whole Department of State. 

Bureau of Bolls and Library — In this bu- 
reau is found the care and custody of all rolls, 
treaties, library, and public documents; also 
deposited the promulgation of laws, treaties, 
executive orders, and proclamations. 

Chiefs of Bureaus — Over each bureau 
there is a head man, or chief, who is in charge 
of the entire office force, and through him all 
the business of the same is conducted. Their 
salaries vary, but each one is the highest 
grade man in the bureau. 



The United States Government 65 



SECRETARIES OF STATE 

NAME. STATE. YEAR. 

Thomas Jefferson, Va. 1789. 

Edmund Randolph, Va. 1794. 

Timothy, Pickering, Mass. 1795. 

John Marshall, Va. 1800. 

James Madison, ........ Va. 1801. 

Robert Smith, Md. 1809. 

James Monroe, Va. 1811. 

John Q. Adams, Mass. 1817. 

Henry Clay, Ky. 1825. 

Martin Van Buren, N. Y. 1829. 

Edward Livingston, La. 1831. 

Louis McLane, Del. 1833. 

John Forsyth, Ga. 1834. 

Daniel Webster, Mass. 1841. 

Hugh S. Legare, S. C. 1843. 

Abel P. Upshur, Va. 1843. 

John C. Calhoun, S. C. 1844. 

James Buchanan, Pa. 1845. 

John M. Clayton, Del. 1849. 

Daniel Webster, . . ■* Mass. 1850. 

Edward Everett, Mass. 1852. 

William L. Marcy, N. Y. 1853. 

Lewis Cass, Mich. 1857. 

Jeremiah S. Black, Pa. 1860. 

William S. Seward, N. Y. 1861. 

Elihu B. Washburn, ...... 111. 1869. 

Hamilton Fish, N. Y. 1869. 

William M. Evarts, . N. Y. 1877. 

James G. Blaine, Maine. 1881. 

F. T. Frelinghuysen, N. J. 1881. 

Thomas F. Bayard, Del. 1885. 

James G. Blaine, Maine. 1889. 

John W. Foster, Ind. 1892. 

Walter Q. Gresham, 111. 1893. 

Richard Olney, Mass. 1895. 

John Sherman, Ohio. 1897. 

William R. Day, Ohio. 1897. 

John Hay, Ohio. 1898. 

Elihu Root, N. Y. 1905. 

Robert Bacon, N. Y. 1909. 

Philander C. Knox, Pa. 1909. 



G6 The United States Government 
The Department of the Treasury 

Establishment of the Department — The 
Department of the Treasury was established 
by Congress September 2, 1789. In the begin- 
ning it was a very small institution. It has 
since grown to such an extent that it is now 
recognized to be one of the most important 
of the Government, and to-day is in a flour- 
ishing condition, although there is room for 
considerable improvement in the national 
finances. 

Office of the Secretary— The Secretary 
of the Treasury (with a salary of $12,000 per 
annum) 8 is appointed by the President and 
confirmed by the Senate for a term equal to 
that of the President himself unserved, but 
is subject to removal by him. The office of 
Secretary is one of weighty importance, and 
demands a man of the very best qualifications 
to fill the position. 

Duties of the Secretary — The Secretary 
of the Treasury has charge of the manage- 
ment of the national finances. It is his duty 
to look after the improvement of the revenues 
and support of the nation's credit; to super- 
intend the collection of the revenues, and to 
grant warrants for all moneys drawn from 
the Treasury in pursuance of appropriations 

8 The salary of the first Secretary was $3000 per annum. 



The United States Goveenment 67 

made by law, and for the payment of money 
into the Treasury; and to submit to Congress 
annually a statement of the revenues and dis- 
bursements of the Government. He also con- 
trols the construction of public buildings ; the 
coinage and printing of money ; the adminis- 
tration of certain branches of the public serv- 
ice ; and, when requested, furnishes Congress 
with all the information it desires on any mat- 
ter pertaining to the foregoing. 

Assistant Secketaeies — To the Secretary 
of the Treasury are assigned three Assist- 
ants (salaries $5000 per annum), who have 
the general direction and superintendence of 
the following offices, bureaus, and divi- 
sions : 

First Assistant — The office of the Director 
of the Mint, the Bureau of Engraving and 
Printing, the Secret Service Division, the Di- 
vision of Public Moneys, the Division of 
Printing and Stationery, the Division of Mail 
and Files, the Division of Bookkeeping and 
Warrants, and the Division of Loans and 
Currency all come under the First Assist- 
ant. 

Second Assistant — The Office of Supervis- 
ing Architect, the Office of Internal Eevenue, 
the Bureau of Public Health and Marine Hos- 
pital Service, the Office of the Life-Saving 
Service, and the Division of Eevenue Cutter 



68 The United States Government 

Service are all charged to the office of the Sec- 
ond Assistant. 

Third Assistant — The Division of Customs 
and the Division of Special Agents are as- 
signed to the office of the Third Assistant. 

Other Officers — Besides the foregoing offi- 
cers, there are the Chief Clerk, who has gen- 
eral supervision of the work and the em- 
ployees; a Supervising Architect, who has 
charge of selecting sites, drawing plans and 
specifications, and making estimates accord- 
ing to law; and six Auditors, each having 
charge of auditing and settling the accounts 
of one or more of the departments of the 
Government. The Auditors all come under 
the Comptroller of the Currency. 

The Treasurer of the United States — 
The receipt and disbursement of all public 
moneys that may be deposited in the Treasury 
at Washington, or any of the Sub-Treasuries, 
are under the financial charge of the Treas- 
urer of the United States. He is assisted by 
the Assistant Treasurers at New Orleans, 
Baltimore, Philadelphia, New York, Cincin- 
nati, St. Louis and San Francisco. 9 

The Eegister of the Treasury — The ."Reg- 
ister of the Treasury (salary $4000 per an- 
num) signs and issues all bonds, sees to the 
redemption of all paper money and its de- 

9 The salary of the Treasurer is $8000 per annum. 



The United States Government 69 

struction, and condemns for imperfection all 
customs, revenues, postage stamps, and has 
them destroyed. 

The Comptroller of the Currency — The 
Comptroller of the Currency (salary $5000 
per annum) has the supervision of the na- 
tional currency (and there is about $3,496,- 
000,000 in circulation all told) ; the organiza- 
tion of national banks (and there are 7170 in 
existence, with more than one billion dollars 
capital, and a circulation on bonds of more 
than two-thirds of that amount) ; the issue of 
national bank circulation; the examination 
of national banks through examiners, and the 
redemption and destruction of notes issued 
by national banks. 

Director of the Mint — The Director of the 
Mint has the general management of all the 
mint and assay offices in the United States, 
located at Carson City, Denver, New Orleans, 
Philadelphia, San Francisco, Boise City, 
Deadwood, Charlotte, Helena, New York, St. 
Louis, Seattle, and Salt Lake City, the last 
eight being assay offices only. 

Commissioners of Internal Eevenue — The 
Commissioners of Internal Eevenue have the 
collection of all revenues, through agents in 
the revenue districts, and the employment of 
the agents for the same ; the preparation and 



70 The United States Government 

distribution of revenue stamps, and the en- 
forcement of the revenue laws. 

Bureau of Engraving and Printing — All 
designs, engravings, and prints for various 
securities and other similar work are pre- 
pared by the Bureau of Engraving and 
Printing. 

Other Services — The Public Health and 
Marine Hospital Service, the Bevenue Cutter 
Service, and the Life-Saving Service come 
under the Second Assistant Treasurer ; so the 
Surgeon-General of the first named, the Cap- 
tain Commandant of the second named, and 
the General Superintendent of the third 
named are governed in their duties by instruc- 
tions coming directly from that source. 

secretaries of the treasury 

NAME. STATE. YEAR. 

Alexander Hamilton, N. Y. 1789. 

Oliver Wolcott, Conn. 1795. 

Samuel Dexter, Mass. 1801. 

Albert Gallatin, Pa. 1801. 

George W. Campbell, Tenn. 1814. 

Alexander J. Dallas, Pa. 1814. 

William H. Crawford, Ga. 1816. 

Richard Rush, Pa. 1825. 

Samuel D. Ingham, Pa. 1829. 

Louis McLane, Del. 1831. 

William J. Duane, . Pa. 1833. 

Roger B. Taney, Md. 1833. 

Levi Woodbury, N. H. 1834. 

Thomas Ewing, Pa. 1841. 

Walter Forward, Ohio. 1841. 



The United States Government 71 



NAME. STATE. YEAR. 

John C. Spencer, N. Y. 1843. 

George M. Bibb, Ky. 1844. 

Robert J. Walker, Miss. 1845. 

William M. Meredith, ...... Pa. 1849. 

Thomas Corwin, Ohio. 1850. 

James Guthrie, Ky. 1853. 

Howell Cobb, Ga. 1857. 

Philip F. Thomas, Md. 1860. 

John A. Dix, N. Y. 1861. 

Salmon P. Chase, Ohio. 1861. 

William P. Fessenden, Maine. 1864. 

Hugh McCnlloch, Ind. 1865. 

George S. Boutwell, Mass. 1869. 

William A. Richardson, Mass. 1873. 

Benjamin H. Bristow, Ky. 1874. 

Lot M. Morrill, Maine. 1876. 

John Sherman, Ohio. 1877. 

William Windom, Minn. 1881. 

Charles J. Folger, N. Y. 1881. 

Walter Q. Gresham, Ind. 1884. 

Hugh McCulloch, Ind. 1884. 

Daniel Manning, N. Y. 1885. 

Charles S. Fairchild, N. Y. 1887. 

William Windom, Minn. 1889. 

Charles Foster, Ohio. 1891. 

John G. Carlisle, Ky. 1893. 

Lyman J. Gage, 111. 1897. 

Leslie M. Shaw, Iowa. 1901. 

George B. Cortelyou, ...... N. Y. 1907. 

Franklin MacVeagh, 111. 1909. 



The Department of War 

Establishment of the Department — On 
August 7, 1789, the Department of War was 
established by Congress. It was the prime 
object of Congress in creating this executive 
branch to have the army and navy so organ- 



72 The United States Government 

ized and disciplined as to be immediately 
available for service at any time, and to be 
able quickly to respond to all orders from the 
President — the commander-in-chief of the 
army and navy. The Secretary of War is at 
the head of the Department, but the man- 
dates of the President are supreme to his and 
must be carried out by that officer. 

Office of the Secretary — The Secretary 
of War (salary $12,000 per annum) 10 is 
charged with the supervision of all estimates 
of all appropriations for the expense of the 
Department; of all purchases of army sup- 
plies, and of all expenses for the maintenance 
of the army. 

The Military Academy at West Point, the 
Board of Ordnance and Fortification, the va- 
rious battlefield commissions and the like also 
come under the Secretary's supervision. 

He also has charge of all matters relating 
to the national defense and seacoast fortifica- 
tions, army ordnances, river and harbor im- 
provements, and the establishment of harbor 
lines. All plans and locations of bridges, 
authorized to be constructed over navigable 
rivers, must be approved by him. 

Assistant Secretary of War — (Salary 
$5000 per annum.) The general direction 
and management of all matters relating to 

10 Tbe salary of the first Secretary was $3000 per annum. 



The United States Government 73 

rivers and harbors; bridges over navigable 
waters, leases and revocable licenses, and all 
other such privileges on land; inspection of 
military establishments; recruiting service, 
discharges, courts-martial, and all other mat- 
ters and things relating to enlisted men and 
prisoners in the penitentiary, are assigned in 
a special way to the Assistant Secretary of 
War. 

All matters pertaining to the militia, claims 
and accounts, national cemeteries, boards of 
survey, open market accounts, and medals of 
honor are also under his charge ; and he has 
power to settle all cases arising in the army 
that do not involve public policy. 

Chief Clerk — The Chief Clerk (salary 
$4000 per annum) has the care and custody 
of all records and files ; has charge of the re- 
ceipt and dispatch of all official correspond- 
ence ; the oversight of the printing and adver- 
tising, and many other duties that do not re- 
quire the personal attention of the Secre- 
tary. 

The General Staff Corps — (Pay first 
rank.) Through the Chief of Staff, who is 
one of the regular army, and whose services 
are continuous, is the general management of 
the entire army entrusted. He has the train- 
ing and disciplining of the troops of the line 



74 The United States Government 

and the administration of the existing mili- 
tary establishments. 

Ten military bureaus have been established 
for the purpose of administration throughout 
the army, with a chief officer or general at the 
head of each bureau, who is charged with the 
supervision and management of the same. 
The duties belonging to each bureau may be 
inferred from the title of the bureau itself. 

Bureaus of the Army — Bureau of the Ad- 
jutant General ; Bureau of the Inspector Gen- 
eral; Bureau of the Quartermaster General; 
Bureau of the Commissary General ; Bureau 

«/ 7 

of the Paymaster General; Bureau of the 
Judge Advocate General ; Bureau of the Chief 
of Engineers; Bureau of the Chief of Ord- 
nance; Bureau of the Chief Signal Officer; 
Bureau of Insular Affairs. 

Other Divisions — There is a permanent 
Board of Engineers for Eivers and Harbors ; 
also the Division of Military Affairs, which 
is vested with the transaction of the business 
pertaining to the organized and unorganized 
militia in the United States, and is the central 
office for transacting all business relating 
thereto. 



The United States Government 75 



SECRETARIES OF WAR 

NAME. STATE. YEAR. 

Henry Knox, Mass. 1789. 

Timothy Pickering, Mass. 1795. 

James McHenry, Md. 1796. 

John Marshall, Va. 1800. 

Samuel Dexter, Mass. 1800. 

Roger Griswold, Conn. 1801. 

Henry Dearborn, Mass. 1801. 

William Eustis, Mass. 1809. 

John Armstrong, . . N. Y. 1813. 

James Monroe, Va. 1814. 

William H. Crawford, Ga. 1815. 

Isaac Shelly, — -. 1817. 

George Graham, Va. 1817. 

John C. Calhoun, S. C. 1817. 

James Barbour, Va. 1825. 

Peter B. Porter, N. Y. 1828. 

John H. Eaton, . Tenn. 1829. 

Lewis Cass, Ohio. 1831. 

Benjamin F. Butler, ...... N. Y. 1837. 

Joel R. Poinsett, S. C. 1837. 

John Bell, Tenn. 1841. 

John McLean, Ohio. 1841. 

John C. Spencer, N. Y. 1841. 

James M. Porter, . Pav 1843. 

William Wilkins, . Pa. 1844. 

William L. Marcy, . , N. Y. 1845. 

George W. Crawford, ...... Ga. 1849. 

Edward Bates, Mo. 1850. 

Charles M. Conrad, La. 1850. 

Jefferson Davis, Miss. 1853. 

John B. Floyd, Va. 1857. 

Joseph Holt, Ky. 1861. 

Simon Cameron, Pa. 1861. 

Edwin M. Stanton, Ohio. 1862. 

Ulysses S. Grant, 111. 1867. 

Lor. Thomas, 111. 1868. 

John M. Schofield, N. Y. 1868. 

John A. Rawlins, 111. 1869. 

William T. Sherman, Ohio. 1869. 

William W. Belknap, Iowa. 1869. 



76 The United States Government 

NAME. STATE. YEAR. 

Alphonso Taft, Ohio. 1876. 

James D. Cameron, . Pa. 1876. 

George W. McCrary, Iowa. 1877. 

Alexander Ramsay, Minn. 1879. 

Robert T. Lincoln, 111. 1881. 

Win. C. Endicott, ....... Mass. 1885. 

Redfield Proctor, . Vt. 1889. 

Stephen B. Elkins, W. Va. 1891. 

Daniel S. Lamont, N. Y. 1893. 

Russell A. Alger, Mich. 1897. 

Elihu Root, . . N. Y. 1899. 

William H. Taft, Ohio. 1904. 

Luke E. Wright, Tenn. 1908. 

Jacob M. Dickinson, Tenn. 1909. 

Henry L. Stimson, N. Y. 1911. 

The Army 

Organization of the Army — The United 
States army as reorganized under the Act of 
Congress of April 23, 1908, comprises, first, 
15 regiments of cavalry, consisting of 765 offi- 
cers and 12,775 enlisted men ; second, 6 regi- 
ments of field artillery, consisting of 236 offi- 
cers and 5220 enlisted men ; third, a coast ar- 
tillery corps, consisting of 170 companies, 672 
officers, and 19,320 enlisted men; fourth, 30 
regiments of infantry, consisting of 1530 offi- 
cers and 25,231 enlisted men; fifth, 3 bat- 
talions of engineers, composed of 2002 en- 
listed men, commanded by officers from the 
corps of engineers; sixth, 1 regiment of in- 
fantry in Porto Eico, with 32 officers and 576 



The United States Government 77 

enlisted men ; seventh, 1 staff corps at the Mil- 
itary Academy, Indian scouts, recruits, and 
so forth, amounting to 11,800 men; and, 
eighth, 52 companies of native scouts in the 
Philippine Islands, consisting of 180 officers 
and 5732 enlisted men ; making a grand total 
of 82,643 soldiers and 4633 officers as the ag- 
gregate strength of the army. 

The following table shows the strength of 
the army, not including officers of the Medical 
Eeserve Corps and the Hospital Corps, but it 
gives the officers, enlisted men, and branches 
of the service for the remainder of the army : 

STRENGTH OF ARMY. 

BKANCH OF SERVICE. OFFICERS. ENLISTED MEN. 

General officers, 21 

Staff corps and departments, 924 2,316 

Engineers, 186 1,817 

Cavalry, 760 11,003 

Field artillery, 232 4,807 

Coast artillery corps, ... 667 17,930 

Infantry, . 1,520 23,666 

Philippine scouts, .... 166 5,100 

Miscellaneous, 5,920 

Total, 4,476 72,559 

Bank in the Army — Any able-bodied man 
over eighteen years of age may join the army, 
provided he is a citizen of the United States 
and enlists for a period of three years. The 
progressive rank of the soldiers is in ascend- 



78 The United States Goveknment 

ancy as follows : Second lieutenant, first lieu- 
tenant, captain, lieutenant colonel, colonel, 
brigadier general, major general, lieutenant 
general, and general. Most of the officers of 
the army are appointed from West Point Mil- 
itary Academy, but some work their way up 
through the ranks from soldiers. 

The Strength of the Militia — The 
strength of the organized State militia is 9155 
officers and 110,905 enlisted men, consisting 
of 140 regiments and 9 separate battalions, 7 
separate companies of infantry, 69 troops of 
cavalry, 51 batteries of field artillery, 122 
companies of coast artillery, making in all a 
total of 120,660 soldiers in the various 
militias. 

The Military Divisions— The territory of 
the United States and possessions are divided 
into military districts, with a commanding 
general and headquarters in each division or 
department. The first, called the Department 
of the East, has headquarters on Governor's 
Island, New York; the second, the Depart- 
ment of the Gulf, has headquarters in Atlanta, 
Ga. ; the third, the Department of the Lakes, 
has headquarters in Chicago, 111. ; the fourth, 
the Department of the Missouri, has head- 
quarters in Omaha, Neb.; the fifth, the De- 
partment of the Dakota, has headquarters in 



The United States Government 79 

St. Paul, Minn. ; the sixth, the Department of 
Texas, has headquarters in San Antonio, 
Tex. ; the seventh, the Department of the Col- 
orado, has headquarters in Denver, Col. ; the 
eighth, the Department of California, has 
headquarters in San Francisco, Cal. ; the 
ninth, the Department of the Columbia, has 
headquarters in Vancouver Barracks, Wash. ; 
and the tenth, the Philippine Division, which 
is divided into three departments, has head- 
quarters at Manila, Philippine Isles. 

The maximum number of men allowed by 
law for the army approximates 100,000, but 
that number is seldom reached by regular re- 
cruits. The pay and environment are not 
sufficiently inviting to induce men to seek a 
place within the ranks. 

The Aemy Pay Table — The following table 
shows the pay according to rank of all com- 
missioned officers in the army for the first 
five years of service ; after that they draw^ ten 
per cent, more every succeeding five years, 
until the maximum is reached, which ranges 
from fifteen to twenty-five years. Eetired offi- 
cers draw three-fourth pay. Non-commis 
sioned officers are paid from twenty-one to 
ninety-nine dollars a month, while privates 
receive only from fifteen to twenty-five dol- 
lars a month. 



80 The United States Goveknment 

FIRST FIVE YEARS' SERVICE 

RANK, PER ANNUM. 

Lieutenant General, $11,000 

Major General, 8,000 

Brigadier General, 6,000 

Colonel, 4,000 

Lieutenant Colonel, .......... 3,500 

Major, 3,000 

Captain 2,400 

First Lieutenant, 2,000 

Second Lieutenant, 1,700 

Outside of the United States, excepting 
Porto Rico and Hawaii, the commissioned 
officers draw ten per cent, additional, and all 
others twenty per cent, for services rendered 
in the United States army. 

GENERALS COMMANDING THE ARMY 

NAME. FROM. TO. 

Josiah Harmer, 1788-1791. 

Arthur St. Clair, 1791-1796. 

James Wilkinson, 1796-1798. 

George Washington, 1798-1799. 

James Wilkinson, 1800-1812. 

Henry Dearborn, 1812-3815. 

Jacob Brown, 1815-1828. 

Alexander Macomb, 1828-1841. 

Winfielcl Scott, 1841-1861. 

George B. McClellan, 1861-1862. 

Henry W. Halleck, 1862-1864. 

U. S. Grant, 1864-1869. 

Wm. T. Sherman, 1869-1883. 

P. H. Sheridan, 1883-1888. 

J. M. Schofield, 1888-1895. 

Nelson A. Miles, . 1895-1903. 

S. B. M. Young, 1903 . 



The United States Government 81 
The Department of Justice 

Establishment of the Department — On 
September 24, 1789, Congress established the 
Department of Justice. It consists of attor- 
neys for the Government, appointed by the 
President and confirmed by the Senate, and 
constitutes the highest law office in the land. 
The Attorney General is the chief law officer 
of the Government, and there are a great 
many solicitors and assistant attorneys and 
other officers of the law throughout the coun- 
try who are subordinate to him when working 
in their official capacity for the Government. 

Office of the Attorney General — (Salary 
$12,000 per annum.) It is the duty of the 
Attorney General to give his advice and opin- 
ion, if required, in all matters involving legal 
questions that arise in the administration of 
the work in the respective departments of the 
Government, and to appear in the Supreme 
Court of the United States to prosecute or 
defend all cases of especial importance that 
come before that high court. Likewise is the 
prosecution or defense of cases by or against 
the Government in any of the courts directly 
or indirectly under his official control ; and all 
United States attorneys and marshals, in 
every judicial district, directly subject to him; 



82 The United States Government 

and he provides special counsel for the United 
States, in behalf of any of the departments, 
when necessity requires it. 

The Solicitor General — The Solicitor 
General (salary $7500 per annum) assists the 
Attorney General, and in his absence acts in 
his stead. Generally speaking, the legal busi- 
ness that is done before the Supreme Court 
is conducted by him. In some cases he pre- 
pares and renders opinions before the differ- 
ent departments, when properly approved, 
and also to the law officers throughout the 
country. 

The Assistant Attorneys General — (Sal- 
aries $7500 and $5000 per annum.) Next to 
the Attorney General in rank is the Assistant 
to the Attorney General, who receives a 
higher salary and has a more responsible 
office than his co-assistants. He is required 
to prosecute or defend all suits arising under 
the anti-trust and interstate commerce laws, 
together with such other duties as may be 
assigned by the Attorney General. 

In the office of the Attorney General and 
other of the departments are eight other As- 
sistant Attorneys General, whose official du- 
ties are to render such service to the Govern- 
ment as is required by law in each one's legal 
capacity, and which can be inferred from his 



The United States Government 83 

official position. They are: One Assistant 
Attorney General, to defend suits before the 
Spanish Treaty Claims Commission ; one At- 
torney General for the Interior Department ; 
one Solicitor for the Department of State and 
other departments ; one Solicitor for the De- 
partment of the Treasury; one Solicitor for 
Internal Bevenue; one Solicitor for the De- 
partment of Commerce and Labor; and one 
Assistant Attorney General for the Post 
Office Department. 

Chief Clerk — The office of Chief Clerk 
(salary $3000 per annum) is to have general 
supervision over all clerks and employes; 
over the particular estimates of appropria- 
tions; care of library and other buildings; 
charged with the Division of Supplies; has 
the oversight of the expenditures of appro- 
priations, and is responsible for all mails re- 
ceived and dispatched in the office of the At- 
torney General. 

Othek Attorneys — In the office of the At- 
torney General are also a Disbursing Clerk, 
the Appointing Clerk, the Attorney in Charge 
of Pardons, the Attorney in Charge of Titles, 
the Chief Clerk in the Division of Accounts, 
the Superintendent of Prisons, and the Exam- 
iner in Chief. It is the duty of all the fore- 
going to render such services to the Govern- 



84 The United States Goveknment 

nieiit as is required by law, by the Attorney 
General, or which might be expected of them 
by virtue of their offices. 

ATTORNEYS GENERAL 

NAME. STATE. YEAR. 

Edmund Randolph, Va. 1789. 

William Bradford, Pa. 1794. 

Charles Lee, Va. 1795. 

Theophilus Parsons, Mass. 1801. 

Levi Lincoln, Mass. 1801. 

Robert Smith, Md. 1805. 

John Breckinridge, Ky. 1805. 

Csesar A. Rodney, Del. 1807. 

William Pinkney, Md. 1811. 

Richard Rush, Pa. 1814. 

William Wirt, . . . . Va. 1817. 

John McP. Berrien, Ga. 1829. 

Roger B. Taney, Md. 1831. 

Benjamin F. Butler, N. Y. 1833. 

Felix Grundy, Tenn. 1838. 

Henry D. Gilpin, Pa. 1840. 

John J. Crittenden, Ky. 1841. 

Hugh S. Legare, S. C. 1841. 

John Nelson, Md. 1843. 

John Y. Mason, Va. 1845. 

Nathan Clifford, Maine. 1846. 

Isaac Toucey, Conn. 1848. 

Reverdy Johnson Md. 1849. 

John J. Crittenden, . Ky. 1850. 

Caleb Cushing, Mass. 1853. 

Jeremiah S. Black, Pa. 1857. 

Edwin M. Stanton, Ohio. 1860. 

Edward Bates, Mo. 1861. 

Titian J. Coffey, Pa. 1863. 

James Speed, Ky. 1864. 

Henry Stanbery, Ohio. 1866. 

William M. Evarts, N. Y. 1868. 

Ebenezer R. Hoar, Mass. 1S69. 

Amos T. Ackerman Ga. 1870. 



The United States Government 85 



NAME. STATE. YEAE. 

George H. Williams, Ore. 1871. 

Edwards Pierpont, . . . '. . . . N. Y. 1875. 

Alphonso Taft, Ohio. 1876. 

Charles Devens, Mass. 1877. 

Wayne MacVeagh, Pa. 1881. 

Benjamin H. Brewster, Pa. 1881. 

Augustus H. Garland, Ark. 1885. 

William H. Miller, Tnd. 1889. 

Richard Olney, Mass. 1893. 

Judson Harmon, Ohio. 1895. 

Joseph McKenna, Cal. 1897. 

John W. Griggs, N. J. 1897. 

Philander C. Knox, Pa. 1901. 

William H. Moody, Mass. 1904. 

Charles J. Bonaparte, Md. 1907. 

George W. Wickersham, ..... N. Y. 1909. 



The Post Office Department 

Establishment of the Department — The 
Post Office Department, as a governmental 
institution, was established by Congress May 
8, 1794, but has undergone many changes 
since that time and covered broad fields of 
development. At first the Postmaster Gen- 
eral was not entitled to a place in the Presi- 
dent's Cabinet, but thirty-five years later he 
was made a member of that advisory body. 

Office of the Postmaster General — (Sal- 
ary $12,000 per annum.) To the Postmaster 
General is assigned the direction and manage- 
ment of the entire Post Office Department. It 
is incumbent upon him to appoint all officers 



86 The United States Government 

and employees under him, except the four As- 
sistant Postmasters General and the Purchas- 
ing Agent, who are appointed by the Presi- 
dent, and the various clerks and employees 
who hold their positions by virtue of the Civil 
Service Eules and Eegulations. The Post- 
master General appoints all postmasters 
whose compensation does not exceed $1000 
per annum, and of that class there are 51,988 
in the United States, and 7592 which are filled 
by direct appointment from the President; 
he makes all postal treaties with foreign 
countries with the advice and consent of the 
President ; he awards and executes the postal 
contracts, and in a general way directs the 
management of the domestic and foreign 
mails. 

Chief Cleek — The Chief Clerk (salary 
$3000 per annum) to the Postmaster General 
is charged with the general management of 
the clerical force and assignments in the Post 
Office Department; the consideration of ap- 
plications for leave of absence by the depart- 
mental clerks, and keeping the records; the 
preparation of estimates for the Department 
and Postal Service; the oversight of all ex- 
penditures in the Post Office Department ; the 
preparing of all contracts for supplies and 
publications; he adjusts differences and 



The United States Go vehement 87 

makes all settlements ; cares for the buildings, 
and attends to all miscellaneous correspond- 
ence; and performs such other services as 
may be required of him by the Postmaster 
General. 

Purchasing Agent — (Salary $2000 per an- 
num.) All the supplies of the Post Office De- 
partment and of the entire Postal Service are 
bought by the Purchasing Agent. Eequisi- 
tions and authorizations are either honored 
or refused by him. Proposals are first sub- 
mitted to him, and he has charge of the ad- 
vertising for contracts. 

The Chief Inspector — To the Chief In- 
spector (salary $2000 per annum), who is a 
direct agent of the Postmaster General, is 
referred all complaints concerning losses or 
irregularities in the mails, and all reported 
violations of the postal laws ; he is also made 
the custodian of all money or property re- 
ceived by inspectors until restored to its 
proper owner, and the salaries and accounts 
are adjusted by him. 

First Assistant Postmaster General — 
(Salary $5000 per annum.) There are three 
divisions of the Post Office Department which 
are assigned to the First Assistant Postmas- 
ter General, and he is charged with their 
supervision and management. 



88 The United States Government 

1. The Division of Postmasters Appoint- 
ments; everything relating to the offices of 
the fourth class in this respect. 

2. The Division of Salaries and Allow- 
ances; all matters that pertain to either of 
these in Presidential offices. 

3. The Division of City Delivery ; the gen- 
eral management of that branch of mail de- 
livery. 

Second Assistant Postmaster General — 
The Second Assistant Postmaster General 
(salary $5000 per annum) has the supervision 
and management of six divisions in the Post 
Office Department. 

1. The Division of Eailway Mail Adjust- 
ment, or the management of all mail trans- 
portation. 

2. The Division of Contracts, or providing 
for having the mails hauled and carried. 

3. The Division of Foreign Mails, or all 
that relates in any way to their transporta- 
tion. 

4. The Division of Railway Mail Service, 
or the management of this branch of the serv- 
ice and the employees thereof. 

5. The Division of Inspection, or the ex- 
amination of all matters connected with the 
Department and the mails carried thereby. 

6. The Division of Equipment, or the pro- 



The United States Government 89 

viding for supplies and equipment for the 
Post Office and Railway Mail Service. 

Third Assistant Postmaster General — 
Under the Third Assistant Postmaster Gen- 
eral (salary $5000 per annum) are placed six 
divisions for his supervision and manage- 
ment. 

1. The Division of Finance; the receipt 
and disbursement of all postal moneys. 

2. The Division of Stamps; the distribu- 
tion of all such forms of revenue. 

3. The Division of Money Orders ; the con- 
trol of the entire Money Order System. 

4. The Division of Registered Mails; the 
general control of the registry system. 

5. The Division of Classification; adjust- 
ing the mails into the four classes and deter- 
mining what shall be excluded. 

6. The Division of Eedemption; the tak- 
ing back of the various kinds of stamps when 
mutilated or damaged. 

Fourth Assistant Postmaster General— 
The Fourth Assistant Postmaster General 
(salary $5000 per annum) has control over 
four divisions in the Post Office Department. 

1. The Division of Eural Delivery. What- 
ever relates to the R. F. D. comes under this 
division. 

2. The Division of Supplies, such as offi- 



90 The United States Goveknment 

cial envelopes and Money Order blanks; but 
all supplies come under this division. 

3. The Division of Dead Letters. Here 
unmailable or undeliverable mail is opened 
and forwarded to addressee, returned to 
writer, or destroyed. 

4. The Division of Topography. This di- 
vision has charge of making all the maps and 
drawings for the Department. 

POSTMASTERS GENERAL 

NAME. STATE. YEAR. 

Samuel Osgood, Mass. 1789. 

Timothy Pickering, Mass. 1791. 

Joseph Habersham, Ga. 1795. 

Gideon Granger, Conn. 1801. 

Return J. Meigs, Ohio. 1814. 

John McLean, Ohio. 1823. 

William T. Barry, ....... Ky. 1829. 

Amos Kendall, Ky. 1825. 

John M. Niles, Conn. 1840. 

Francis Granger, N. Y. 1841. 

Charles A. Wickliffe, Ky. 1841. 

Cave Johnson, Tenn. 1845. 

Jacob Collamer, Vt 1849. 

Nathan K. Hall, N. Y. 1850. 

Samuel D. Hubbard, Conn, 1852. 

James Campbell, Pa. 1853. 

Aaron V. Brown, Tenn. 1857. 

Joseph Holt, Ky. 1859. 

Horatio King, • « • Maine. 1861. 

Montgomery Blair, Md. 1861. 

William Dennison, Ohio. 1864. 

Alexander W. Randall, Wis. 1866. 

John A. J. Cresswell, Md. 1869. 

James W. Marshall, Va. 1874. 

Marshall Jewell, Conn. 1874. 



The United States Government 91 



NAME. STATE. YEAB. 

James N. Tyner, Ind. 1874. 

David McK. Key, Tenn. 1877. 

Horace Maynard, Tenn. 1880. 

Thomas L. James, N. Y. 1881. 

Timothy O. Howe, Wis. 1881. 

Walter Q. Gresham, Ind. 1883. 

Frank Hatton Iowa. 1884. 

William F. Vilas, Wis. 1885. 

Don M. Dickinson, Mich. 1888. 

John Wanamaker, Pa. 1889. 

Wilson S. Bissell, N. Y. 1893. 

William L. Wilson, W. Va. 1895. 

James A. Gary, Md. 1897. 

Charles E. Smith Pa. 1898. 

Henry C. Paine, Wis. 1901. 

Robert J. Wynne, Pa. 1904. 

George B. Cortelyou, N. Y. 1905. 

George von L. Meyer, Mass. 1907. 

Frank H. Hitchcock, Mass. 1909. 



The Depaktment of the Navy 

Establishment of the Department. — Just 
nine years after the inauguration of the first 
President Congress enacted a law creating 
and establishing the Department of the Navy, 
to work in conjunction with the Department 
of War, a part of which it had previously 
been. The Navy Department from that time 
on was gradually improved, enlarged, and ex- 
tended to partially meet the growing demands 
of the times, but was not fully established on 
its present working basis until the year 1842. 
In that year the Department was reorganized, 



92 The United States Goveexment 

the bureau system installed, and placed the 
navy upon a more effective foundation for 
service to the Government. To-day its devel- 
opment and growth has surpassed the great- 
est expectations, and again it is almost be- 
yond the effective control of its present sys- 
tem of government. 

Office of the Seceetaky — The Secretary 
of the Navy (salary $12,000 per annum) per- 
forms such duties as the President may as- 
sign him; and he has the general superin- 
tendence of the construction, manning, arma- 
ment, equipment, and employment of vessels 
of war. All orders concerning the affairs of 
the navy emanating from the President are 
executed through the Secretary thereof. 

The Assistant Seceetaky of the Navy — 
There is an Assistant Secretary of the Navy 
(salary $5000 per annum) who performs such 
duties as the Secretary may require of him, 
or which he is bound to perform by virtue of 
his official position, or by law. 

Chief Cleek — The Chief Clerk (salary 
$2000 per annum) has general charge of the 
correspondence and records of the Secretary's 
office, and also performs such other duties as 
the Secretary may require of him. 

Btjeeaus of the Navy — In the Navy Depart- 
ment are eight bureaus, through which the 



The United States Government 93 

business of that branch of the Government is 
systematically and fully executed. They are : 
The Bureau of Navigation; the Bureau of 
Docks and Yards ; the Bureau of Equipment ; 
the Bureau of Ordnance ; the Bureau of Con- 
struction and Eepairs; the Bureau of Engi- 
neering; the Bureau of Medicine and Sur- 
gery ; the Bureau of Accounts. 

Now it is understood that each bureau com- 
prises within its scope all that relates to that 
particular part of the navy, as the title signi- 
fies, whether it be men or things, and the 
workings in each bureau are immediately un- 
der a head management, who is subordinate 
to the Secretary of the Navy. 

The Judge Advocate General — The Judge 
Advocate General (pay second rank), like the 
other army and navy officers, holds his office 
during good behavior and as long as he 
capably performs his duties. 

He is required to have recorded the pro- 
ceedings of all courts-martial, courts of in- 
quiry, investigations and inquests ; to keep a 
record of all examinations for retirement and 
promotion, and for commissioned officers ; and 
to conduct all correspondence relating to such 
things in the navy. 

The Solicitor — The Solicitor (salary $4000 
per annum) is the chief law agent of the Navy 



94 The United States Goveenmext 

Department, and he attends to all the legal 
business relating thereto. 

Commandant of the Marine Corps — The 
Commandant of the Marine Corps (pay sec- 
ond rank) is held responsible for the general 
efficiency and training of that body of sol- 
diers ; and he is given the power to distribute 
and station them wherever he thinks it will 
be for the best interests of the navy. 

The Navy 

The Navy — The subjoined table shows the 
strength, 11 in ships, of our navy at the present 
day. The matter of armament, being of such 
technical nature, does not fall within the scope 
of the present work. 

STRENGTH OF THE PRESENT NAVY 

CLASS OF SHIP. NUMBER OF SHIPS. 

First class, 35 

Armored cruisers, 11 

Cruisers, 10 

Protected cruisers, 7 

Gunboats, 23 

Torpedo boats, 31 

Submarine boats, 16 

Supply sbips, 5 

Tugs, 4 

Yachts, 4 

Miscellaneous, 8 

Total, 154 

n Navy and Marine Corps Directory. 



The United States Government 95 

Growth of the Navy — From the Bevolu- 
tionary War down to the year 1795 the conn- 
try was practically withont a navy. Congress 
passed an act in 1794 providing for the con- 
struction of six frigates, of not less than thir- 
ty-two gnns; but only three of the vessels 
authorized were ever constructed. In 1798, 
the same year in which the Department of the 
Navy was established, Congress authorized 
the President to build, purchase, or hire 
twelve other vessels of not less than thirty- 
two guns; but they were not obtained as au- 
thorized. However, a sufficient number of 
vessels were secured in some way to make the 
navy strong enough to be felt. For many 
years following that time Congress reluct- 
antly appropriated money to increase the 
navy, but nevertheless it was gradually in- 
creased, and now it can boast of ranking 
as third among the great naval powers of the 
world. 

Divisions of the Navy — Atlantic Fleet — 
The Atlantic Fleet is divided into five divi- 
sions, each division composed of four first- 
class battleships, except the fifth, which has 
four armored cruisers : each division is under 
the command of a rear-admiral, one of whom 
is in command of the entire fleet. Besides the 
regular fleet, there are seven auxiliary vessels 



96 The United States Government 

and a torpedo fleet — consisting of torpedo 
boats and submarines, divided into three di- 
visions and each under a commanding officer. 

Pacific Fleet — The Pacific Fleet, composed 
of six armored cruisers, is separated into two 
divisions, each with a rear-admiral in com- 
mand, and an officer in command of the entire 
fleet. In addition to that is the torpedo fleet, 
made up of three divisions, with a commander 
in charge of each, and one in command of the 
whole fleet. 

Asiatic Fleet — The Asiatic Fleet consists 
of thirteen ships, arranged into three divi- 
sions, the first consisting of three cruisers; 
the second, of five gunboats ; and the third, of 
two gunboats, two cruisers, and a coast de- 
fense vessel, each one commanded by a rear- 
admiral, and one commanding the whole fleet. 
There is also a torpedo fleet, in two divisions, 
with five torpedo boats in one division and 
four submarine boats in the other. A lieuten- 
ant commander is in charge of each division, 
and one commands the entire fleet. 

"Special Service" Ships — Out of the 154 
ships of war belonging to the Government 
more than 50 are employed in the "special 
service," such as at navy yards and naval sta- 
tions, and some are out of commission or held 
in reserve. 



The United States Government 97 

Navy Yards — As a part of the navy, navy 
yards are established at different, but impor- 
tant, points in the United States, which estab- 
lishments are indispensable in maintaining 
the navy. The navy yards are as follows 
Brooklyn Navy Yard, Brooklyn, N. Y. 
Charlestown Navy Yard, Boston, Mass. 
Portsmouth Navy Yard, Norfolk, Va. ; Kit- 
tery Navy Yard, Portsmouth, N. H. ; Phila- 
delphia Navy Yard, Philadelphia, Pa. ; Mare 
Island Navy Yard, San Francisco, Cal. ; 
Washington Navy Yard, Washingon, D. C; 
Puget Sound Navy Yard, Bremerton, Wash. 

Naval Stations — Besides the numerous 
navy yards belonging to the Government, 
there are sixteen naval stations located in 
different parts of the world for the accommo- 
dation of the navy. The United States has 
ships and coaling stations in almost every 
part of the world, and wherever they are there 
are the Stars and Stripes also, and therefore 
protection is offered to all American interests. 

Bank of Sailors — The term of enlistment 
in the navy is four years, but parents may 
enlist boys under eighteen until they reach 
their majority. Boys over eighteen may en- 
list without the consent of parent or guardian, 
with proof of age. Only citizens of the 
United States of good character, who may be 



98 The United States Govebnment 

reasonably expected to remain in the service, 
are entitled to be enlisted, and every applicant 
must pass the required physical examination. 
Most of the officers of the navy are taken from 
the Naval Academy at Annapolis, Md., and 
the order of progress or advancement is like 
the following: 

Midshipmen, ensigns, (junior) lieutenants, 
(senior) lieutenants, lieutenant commanders, 
commanders, captains, (junior) rear-ad- 
mirals, (senior) rear-admirals, vice-admirals, 
and admirals. The last named is the highest 
rank in the navy. 

Navy Pay Table — Below is a table showing 
the base of pay for all line officers of the navy, 
but every officer below the rank of rear-ad- 
miral is entitled to a ten per cent, increase 
upon the full yearly pay in each grade for 
each and every period of five years, which is 
called "longevity pay," and must be com- 
puted upon actual service in the navy, but 
shall never exceed forty per cent, of the base 
of payment shown in the grades. And all offi- 
cers connected with the navy whose duty re- 
quires them beyond the continental limits of 
the United States shall be paid ten per cent, 
additional to what is shown in the grade of 
service. 



The United States Government 99 

RANK OF OFFICER. BASE OF PAY. 

Admiral, $13,500 

Rear admiral (first nine), 8,000 

Rear admiral (second nine), 6,000 

Captains, 4,000 

Commanders, . . 3,500 

Lieutenant Commanders, 3,000 

Lieutenants, 2,400 

Lieutenants (junior grade), 2,000 

Ensigns, 1,700 

Midshipmen, 1,400 

Warrant and other officers receive from 
$396 to $2250 a year. 

The pay of first-class seamen ranges from 
$24 to $36 per month ; second class, from $21 
to $33 per month; third class, from $10 to $24 
per month. The last revision of the pay 
schedule for the navy was May 13, 1908. 

SECRETARIES OF THE NAVY 



NAME. 

Benjamin Stoddert, 
Robert Smith, 
Jacob Crowninshield 
Paul Hamilton, . 
William Jones, 
B. W. Crowninshield 
Smith Thompson, . 
Samuel L. Southard 
John Branch, . . 
Levi Woodbury, . 
Mahlon Dickerson, 
James R. Paulding, 
George E. Badger, 
Abel P. Upshur, . 
David Henshaw, . 
Thomas W. Gilmer, 



STATE. 


YEAR. 


Md. 


1801. 


Md. 


1801. 


Mass. 


1805. 


S. C. 


1809. 


Pa. 


1813. 


Mass. 


1814. 


N. Y. 


1818. 


N. J. 


1823. 


N. C. 


1829. 


N. H. 


1831. 


N. J. 


1834. 


N. Y. 


1838. 


N. C. 


1841. 


Va. 


1841. 


Mass. 


1843. 


Va. 


1844. 



100 The United States Government 



NAME. STATE. YEAR. 

John Y. Mason, . Va. 1844. 

George Bancroft, . Mass. 1845. 

John Y. Mason, Va. 1846. 

William B. Preston, Va. 1846. 

William A. Graham, N. C. 1850. 

John P. Kennedy, . . Md. 1852. 

James C. Dobbin, . . N. C. 1853. 

Isaac Toucey, Conn. 1857. 

Gideon Welles, Conn. 1861. 

Adolph E. Borie, Pa. 1869. 

George M. Robeson, N. J. 1869. 

Richard W. Thompson, Ind. 1877. 

Nathan Goff, Jr., W. Va. 1881. 

William H. Hunt, .La. 1881. 

William E. Chandler, N. H. 1882. 

William C. Whitney, N. Y. 1885. 

Benjamin F. Tracy, N. Y. 1889. 

Hilary A. Herbert, Ala. 1893. 

John D. Long, Mass. 1897. 

William H. Moody, Mass. 1902. 

Paul Morton, 111. 1904. 

Charles J. Bonaparte, Md. 1905. 

Victor H. Metcalf, Cal. 1907. 

Truman H. Newberry, Mich. 1908. 

George von L. Meyer, Mass. 1909. 



The Department of the Interior 

Establishment of the Department — The 
Department of the Interior was established 
by act of Congress March 3, 1849, and was 
shortly after set up and put in operation as 
a separate and distinct branch of the Govern- 
ment. It was the primary object in establish- 
ing this branch of the Government to central- 
ize the work relating to the internal affairs of 



The United States Government 101 

the country into one office, and not allow it to 
be scattered through the other departments 
as it had been before that time. 

Office of the Secretary — (Salary $12,000 
per annum.) The chief executive officer of 
the Interior Department is the Secretary 
thereof, who is charged with the supervision 
and management of all matters over which 
that branch of the Government extends. It 
includes all matters relating to patents; to 
pensions, public lands, and surveys; to the 
Geographical Survey, the Eeclamation Serv- 
ice, and public reservations and parks ; to the 
agricultural and mechanical colleges ; and cer- 
tain hospital and eleemosynary institutions 
are also under the official head of the Interior 
Department. The power and jurisdiction of 
the Department extends to the Territories as 
well as the States of the Union. 

First and Second Assistant Secretaries — 
The First and Second Assistant Secretaries 
(salaries $5000 per annum) perform such du- 
ties, in connection with all matters over which 
the Secretary has jurisdiction, as may be re- 
quired by law, or which may be prescribed by 
that officer. 

Chief Clerk — The administrative head of 
the office of Secretary is the Chief Clerk (sal- 
ary $2000 per annum), who has charge of the 



102 The United States Government 

clerks and the employees of the entire Depart- 
ment ; who enforces all regulations and super- 
intends the public buildings ; and who super- 
vises the general business relating to public 
institutions, national parks, and government 
reservations. 

Divisions of the Department — In the In- 
terior Department are seven divisions or de- 
partments, with a chief officer, or commis- 
sioner, at the head of each one. 

The Patent Office — The Commissioner of 
Patents is at the head of this office, and is 
required by law to attend to all matters relat- 
ing to letters-patent for inventions and regis- 
tration of trade-marks. By law he is made 
the tribunal of last resort, in the Department, 
with respect to all questions concerning that 
branch of the work. 

(Copyrights are obtained through the reg- 
istry of copyrights, who is located in the 
Library of Congress. He is under the Libra- 
rian of Congress and not the Interior Depart- 
ment.) 

The Pension Office — All claims in the form 
of pensions, on account of service rendered in 
the army or navy, are adjusted and settled by 
the Commissioner of Pensions in accordance 
with law. 

The General Land Office — It is the duty of 



The United States Government 103 

the Commissioner of the General Land Office 
to have charge of the surveys, management, 
and disposition of all public lands, and he is 
empowered with the right of adjudication of 
all conflicting claims relating in any way 
thereto. 

The Office of Indian Affairs — The lands, 
moneys, schools, and general welfare of the 
Indians of the United States are in the hands 
and charge of the Commissioner of Indian 
Affairs. 

The Bureau of Education — Such statistics 
and general information as show the condi- 
tion and progress of education in the United 
States are collected through the Commis- 
sioner of Education and published for distri- 
bution. He also has the supervision of the 
governmental schools in the States and Ter- 
ritories, and administers the endowment 
funds of all agricultural and mechanical col- 
leges. 

The Geological Survey — Under the Di- 
rector of the Geological Survey are made all 
the classifications of public lands and the in- 
vestigation of the mineral products and min- 
eral resources ; there all the maps of the same 
are made. 

The Reclamation Service — To the Director 
of the Eeclamation Service is charged the sur- 



104 The United States Government 

vey, construction, and operation of all irriga- 
tion works in the States and Territories. 

The Bureau of Mines — This bureau has the 

assignment of all the work relating to the 
mines and mineral products of the Govern- 
ment. 

SECRETARIES OF THE INTERIOR 

NAME. STATE. YEAR. 

Thoinas Ewing, Ohio. 1849. 

James A. Pierce, Md. 1850. 

Thomas M. T. McKennan, Pa. 1850. 

Alexander H. H. Stuart, Va. 1850. 

Robert McClelland, Mich. 1853. 

Jacob Thompson, Miss. 1857. 

Caleb B. Smith, Ind. 1861. 

John P. Upshur, Ind. 1863. 

James Harlan, Iowa. 1865. 

Orville H. Browning, 111. 1866. 

Jacob D. Cox, . . Ohio. 1869. 

Columbus Delano, Ohio. 1870. 

Zachariah Chandler, Mich. 1875. 

Carl Schurz, Mo. 1877. 

Samuel J. Kirkwood, Iowa. 1881. 

Henry M. Teller, Col. 1882. 

Lucius Q. C. Lamar, Miss. 1885. 

William F. Vilas, Wis. 1888. 

John W. Noble, Mo. 1889. 

Hoke Smith, Ga. 1893. 

David R. Francis, Mo. 1896. 

Cornelius N. Bliss, N. Y. 1897. 

Ethan A. Hitchcock, Mo. 1899. 

James R. Garfield, Ohio. 1907. 

Richard A. Ballinger, Wash. 1909. 

Walter L. Fisher 111. 1911. 



The United States Government 105 
The Department of Agriculture 

The Establishment of the Department — 
May 16, 1862, marks the event that established 
the Department of Agriculture. It was cre- 
ated for the purpose of conducting all the gov- 
ernmental business relating in any way to the 
agricultural industry. At first it was not or- 
ganized as an independent branch of the Gov- 
ernment, with the head officer thereof classi- 
fied as other heads of departments, but twen- 
ty-seven years later that right was established 
and the Secretary was given a membership in 
the Cabinet. Although the Department of 
Agriculture has not been in existence for so 
many years, it has proven to be one of the 
most valuable of assets in connection with the 
agricultural interests of this country. It is 
almost indispensable, and is daily increasing 
in importance and usefulness to the whole 
people. 

Office of the Secretary — (Salary $12,000 
per annum.) It is the duty of the Secretary 
of Agriculture to superintend and manage all 
the business of the Government that relates 
to the agricultural industry of the country. 
He is the chief advisor of all agriculture ex- 
periment stations ; he controls the quarantine 
stations for imported cattle and has them 



106 The United States Government 

properly inspected; and lie directs the man- 
agement of the meat inspection, food, and 
drug laws. He issues rules and makes regu- 
lations for the care, protection, and mainte- 
nance of the National Forest Eeserve ; and he 
has the authority to control the transporta- 
tion of all animals and fowls shipped in viola- 
tion of interstate laws. 

The Assistant Secretary of Agriculture 
— When the Secretary of Agriculture is ab- 
sent for any cause, the Assistant Secretary 
(salary $5000 per annum) becomes Acting 
Secretary pro tern.; and he regularly per- 
forms such duties as may be prescribed by the 
Secretary, or required by law. 

The Chief Clerk — The Chief Clerk (sal- 
ary $2000 per annum) has the exclusive man- 
agement of the clerks and employees in the 
whole Department ; has charge of the general 
business of the Secretary's office; is respon- 
sible for the enforcement of all rules and reg- 
ulations; and is the lawful custodian of the 
buildings occupied by the Agriculture De- 
partment. 

Other Offices of the Department — 1. 
The office of Solicitor, who is the chief legal 
advisor to the Secretary. 

2. An Appointing Clerk, who has charge 
of all that relates to appointments ; 



The United States Government 107 

3. The Division of Publications, which 
controls all matters relating to the same ; 

4. The Division of Accounts and Disburse- 
ments, which audits, adjusts, and pays all ac- 
counts and claims against the Department ; 

5. And the Division of Supplies, which is 
empowered to purchase and dispense all sup- 
plies of the Department. 

The Bureaus of the Department — The 
various bureaus of the Department of Agri- 
culture are as follows : The Weather Bureau; 
the Bureau of Animal Industry; the Bureau 
of Plant Industry; the Bureau of Forest 
Service ; the Bureau of Chemistry ; the Bureau 
of Statistics ; the Bureau of Soils ; the Bureau 
of Entomology ; the Bureau of Biological Sur- 
vey. 

Each bureau is a depository for statistics 
and information on a particular line. The 
statistics and information are gathered and 
compiled by agents of the Government, and 
then are published, or given out, to those who 
seek such knowledge, and the whole country 
is entitled to the benefit of that privilege. 

The nine bureaus cover about the entire 
field of agriculture, and the Department has 
available information to furnish on most any 
subject that relates to the foregoing indus- 
tries of this country. 



108 The United States Government 



SECRETARIES OF AGRICULTURE 

NAME. STATE. YEAR 

Norman J. Colman, Mo. 188a 

Jeremiah M. Rusk, Wis. 188a 

J. Sterling Morton, Neb. 1893. 

James Wilson, Iowa. 1897. 



The Department of Commerce and Labor 

The Establishment of the Department — 
The Department of Commerce and Labor was 
established February 14, 1903. It is the 
junior department of the Government, and 
while it is really in its infancy it is destined 
to be one of the greatest importance to the 
people and for the general walfare of the na- 
tion. The growth of commerce on the one 
hand and the demands of labor on the other 
must be met and combated with a govern- 
mental weapon, and that must be through the 
Department of Commerce and Labor. 

The Office of the Secretary — It is the 
duty of the Secretary of Commerce and Labor 
(salary $12,000 per annum) to use his power 
and influence to promote the commerce of the 
United States, and its mining, manufactur- 
ing, shipping, fishing, transportation, and la- 
bor interests. He is the head of the Depart- 
ment and appoints such of the subordinate 



The United States Government 109 

officers as do not come within the scope of the 
Civil Service Eules and Begulations. 

The Assistant Secretary — The Assistant 
Secretary of Commerce and Labor (salary 
$5000 per annum) assists the Secretary in the 
performance of his official duties, and in his 
absence officiates in his stead. 

The Chief Clerk — The Chief Clerk (sal- 
ary $3000 per annum) has general charge of 
the Secretary's office and all the clerks and 
employees thereof; enforces the rules and 
regulations of the Department, and has the 
management of the horses, vehicles, and 
buildings belonging thereto. 

The Disbursing Clerk — There is a Dis- 
bursing Clerk (salary $2750 per annum), who, 
with his assistants, is required to keep a cor- 
rect ledger account of the various items for 
which appropriations are made, and the re- 
ceipts and expenditures of the same ; a com- 
plete record of the receipts and expenditures 
of each division or bureau ; and keep correct 
accounts of all other similar matters relating 
in any way to the affairs of the Department. 

The Three Divisions — The Department of 
Commerce and Labor has three Divisions and 
nine bureaus as enumerated herewith : 1. The 
Division of Appointments, which has a chief 
in charge of all matters relating to the same ; 



110 The United States Goveknment 

2. The Division of Publications, which has 
a chief who looks after the preparation of all 
publications (but the printing is done at the 
Government Printing Office) ; 

3. The Division of Supplies, which has a 
chief who attends to the purchasing and dis- 
tributing of all such matters that fall under 
the head of supplies. 

The nine bureaus are as follows : Bureau of 
Corporations ; Bureau of Manufactures ; Bu- 
reau of Labor ; Bureau of Census ; Bureau of 
Statistics; Bureau of Fisheries; Bureau of 
Navigation; Bureau of Emigration and Nat- 
uralization; Bureau of Standards. 

Each bureau is supreme within the scope of 
its operations, and a prescribed line of work 
is done by each one as fully and completely as 
the ability of that branch of the Department 
will permit. 

The chief officer in each bureau and the 
head man of each division are of the highest 
grade clerks, but their salaries are not uni- 
form. 

SECRETARIES OF COMMERCE AND LABOR 

NAME. STATE. YEAR. 

George B. Cortelyou, N. Y. 1903. 

Victor H. Metcalf, Cal. 1904. 

Oscar S. Straus, N. Y. 1907. 

Charles Nagel, Mo. 1909. 



CHAPTER V 

THE UNITED STATES COURTS 

The Judiciary Act of 1789, which was en- 
acted by the first Congress after the adoption 
of the Constitution of the United States, es- 
tablished what is now the present judiciary 
system in its main features, and as a legisla- 
tive landmark, standing through all the inter- 
vening years, has no equal in legislation, and 
ranks only second to that great instrument 
which it was enacted to supplement and inter- 
pret for Federal usage — the Constitution of 
the United States. 

The Extension of the Courts — From the 
original plan set out in the Judiciary Act cre- 
ating the Circuit Courts and District Courts, 
and defining the jurisdiction of all the Fed- 
eral and State courts to a certain extent in 
each case, and the territorial extent of each 
one so established, there have been but few 
changes up to this day other than in detail, 
and that without a substantial departure from 
the first plan, except in the case of the 
"Evarts Act" of 1891, which created the Cir- 

111 



112 The United States Goveenment 

cuit Court of Appeals, and the Judiciary Act 
of March 4, 1911, which consolidated the Cir- 
cuit and District courts. 

At the foundation of the Government there 
were three classes of courts — the Supreme 
Court, with six justices; six Circuit Courts, 
with a Supreme Court Justice presiding over 
each; one or more District Courts for each 
State, with a District Judge for each court. 
To-day there are nine classes — the Supreme 
Court, with nine Justices ; nine Circuit Courts 
of Appeals, with Justices assigned to each 
one from the Circuit and District Courts ; nine 
Circuit Courts, with two or more Justices to 
each circuit; the various District Courts, 
ranging from one to four in each State, with 
as many District Judges ; the Court of Claims, 
with live Justices ; the Court of Customs Ap- 
peals, with five Justices ; the Court of Com- 
merce, with five Justices ; the District of Co- 
lumbia Courts, with three Justices of the Ap- 
pellate Court and six Justices of the Supreme 
Court; and other District and Territorial 
courts with limited powers and jurisdiction 
similar to State courts. 

With this great number of Federal Courts, 
and a uniform system of procedure and prac- 
tice before them, it seems hardly reasonable 
that the court calendar would ever become 



The United States Government 113 

congested; but the facts are to the contrary. 
Litigation has almost outgrown the capacities 
of the various courts, and the present judicial 
force can hardly cope with the situation as it 
now exists. It became necessary to alter the 
plan of the courts, it being incumbent upon 
Congress to again extend the judiciary sys- 
tem to accommodate the growing demands of 
the times as it has been so done in the past, 
so Congress, at the last session, codified the 
laws relating to the Judiciary and at the same 
time consolidated the Circuit and District 
Courts under the name "District Courts," 
with powers and jurisdiction covering the en- 
tire scope of both courts, and making the judi- 
cial machinery less intricate. 

Creation or the Supreme Court — The Su- 
preme Court of the United States, the highest 
tribunal in the land, was created by the Con- 
stitution, organized and set in operation by 
the Judiciary Act passed by the first Con- 
gress, and from time to time since the scope 
of its operations and the strength of its judi- 
cial power has been broadened and regulated 
to meet the growing demands of litigation 
arising in every part of the country. 

Powers of the Supreme Court — The Su- 
preme Court is a court without an equal, and 
has original power to annul acts of Congress, 



114 The United States Government 

when not constitutional; to hear and deter- 
mine certain original cases, as set forth in 
the Constitution ; and to review and decide all 
appellate cases, as is provided by law, from 
the lower courts of the land. It is the last 
resort, and its decisions are final. 

Personnel of the Court — One Chief Jus- 
tice and eight Associate Justices compose the 
court. They are appointed by the President 
and confirmed by the Senate, and their tenure 
of office is not limited, but each Justice may 
retire on full pay at the age of seventy, al- 
though that is not obligatory. The salary of 
the Chief Justice is $12,500 a year now, and 
$15,000 beginning with 1912; the Associate 
Justices $12,000 a year each, and $14,500 be- 
ginning with the above year. Six of the mem- 
bers constitute a quorum to do business, and 
the term of court is limited to one regular 
term annually, which begins in October of 
each year and holds continuously until it ad- 
journs; but adjourned or special sessions of 
the court may be held from time to time. The 
court holds its sessions in the Capitol build- 
ing in Washington City. 

Jurisdiction of the Supreme Court — The 

jurisdiction 1 of the Supreme Court is set 

forth in the Constitution and the Judiciary 

Act, with some few subsequent amendatory 

Article III. sec. i. par. 1, Constitution. 



The United States Goveenment 115 

provisions relating thereto. The original 
jurisdiction is limited to ' i cases affecting am- 
bassadors, other public ministers and con- 
suls, and those in which a State shall be a 
party," but the occasion for the exercise of 
this jurisdiction is comparatively infrequent. 
Therefore the appellate jurisdiction, from all 
the various sources, furnish the bulk of its 
great work. The appellate jurisdiction of 
cases taken from the Circuit and District 
Courts extend to the following cases : 

1. Cases in which the jurisdiction of the 
court is in issue; 

2. Prize cases from the District Court ; 

3. Capital cases from the Circuit Court ; 

4. Cases involving the Constitution of the 
United States; 

5. The constitutionality of a law or the 
validity of a treaty; 

6. Where the Constitution or law of a 
State is claimed to contravene the Federal 
Constitution. 2 

Then there are certain cases reviewable by 
the Supreme Court from the Circuit Court of 
Appeals, which are not made final therein, 
and from State and Territorial courts; and 
these cases are governed by the following re- 
strictions : 

1. Civil cases involving $1000 or more 

2 Evarts Act, 1891. 



116 The United States Government 

which are brought up from the Circuit Court 
of Appeals ; 

2. Cases from Territorial and other courts 
not limited to the Circuit Court of Appeals; 

3. Writs of error to the highest court of 
any State for review of its decisions ; 

4. Cases for instruction from the Circuit 
Court of Appeals ; 

5. Certiorari from the Supreme Court to 
review cases in the Circuit Court of Appeals ; 

6. In bankruptcy cases, from an appellate 
decision in the Circuit Court of Appeals al- 
lowing or rejecting a claim involving over 
$2000, which is done in order to get a uniform 
construction of the act. 

Cikcuit Court of Appeals — The Circuit 
Court of Appeals was created by the "Evarts 
Act, ' ' 1891, and slightly changed by the Judi- 
ciary Act of 1911, and consists of one court 
each for the nine judicial districts, and has 
three judges to each court — two of which shall 
constitute a quorum to do business. The jus- 
tice of the Supreme Court assigned for cir- 
cuit duty, the circuit judges and the district 
judges within the circuit are, at present, qual- 
ified members of the court ; but the personnel 
of each court is arranged and assigned in 
each district by law, and, in some cases, by the 
court itself, while the terms and times of 



The United States Government 117 

holding the different courts are set forth in 
the act of their creation, or by subsequent 
enactments of law ; but other times and places 
may be designated by the court. 

Before the establishment of the Circuit 
Court of Appeals the appellate calendar of 
the Supreme Court became so congested that 
it was rapidly approaching a certainty that 
the Supreme Court would never be able to 
clear the docket, which work, besides the daily 
increase of litigation, had accumulated to such 
an extent that it would take years to adjudi- 
cate the matters in controversy before that 
court. However, that status of affairs was 
greatly remedied when Congress created the 
Circuit Court of Appeals now under consid- 
eration. 

Jurisdiction of the Court — The Circuit 
Court of Appeals is a court in character like 
the Supreme Court of the United States — a 
court limited to appellate jurisdiction. In 
employing and using that power the scope 
and power of its jurisdiction extend to all 
cases, not reviewable by the Supreme Court in 
the first instance, brought up from the Circuit 
and District Courts, and its decisions on all 
such appellate cases are final when they de- 
pend entirely upon the diversity of citizen- 
ship; patent law cases, revenue law cases, 



118 The United States Government 

criminal law cases, and admiralty causes; 
and, further, the jurisdiction of the court is 
not limited by the amount involved in the liti- 
gation. It extends as well to writs of error, 
to all cases of conviction of infamous crimes, 
not capital, and to appeals in bankruptcy ; and 
to appeals to interlocutory orders granting or 
continuing an injunction or appointing a re- 
ceiver. 

Importance of the Court — The importance 
derived from the appellate jurisdiction thus 
created cannot be overestimated in consider- 
ing the appellate court in its true character. 
Thus the new provisions in law created by 
virtue of that tribunal not only relieve the 
burdens fixed upon the Supreme Court 
through its overloaded calendars, but furnish 
a tribunal for appellate and review work 
without such limitations and restraints, and 
at the same time reasonably accessible in 
every possible case. Twenty years of con- 
tinuous existence through times of moment- 
ous litigation is sufficient to refer the satis- 
faction derived from that court through its 
numerous volumes of reported cases as a jus- 
tification of the act of its creation. 

Circuit Courts — By the Judiciary Act of 
1789, which was passed by the first Congress, 
the Circuit Court was established. To-day 



The United States Goveknment 119 

there are nine circuit courts, with from two 
to four justices in each circuit, who are ap- 
pointed by the President, confirmed by the 
Senate, and draw a salary of $7000 per an- 
num. They may serve during good behavior, 
hence their tenure of office is not limited. 
After 1911 this court will be abolished. 

Jurisdiction of the Court — The Circuit 
Court is an important court of original, not 
appellate, jurisdiction, concurrent, and for 
certain jury trial cases in bankruptcy; and 
concurrent with the State courts in all civil 
suits, at common law or in equity, when the 
matter in dispute exceeds, exclusive of inter- 
ests and costs, the sum or value of $2000; if 
the controversy is between citizens of differ- 
ent States, or is one arising under the Consti- 
tution, laws or treaties of the United States, 
or is between citizens of the same State, claim- 
ing lands under grants of different States, or 
is a citizen of a State and foreign State, citi- 
zens or subjects. The jurisdiction may be ac- 
quired by original process or by removal from 
a State court ; 3 but such facts must be shown 
on the face of the pleadings. There are other 
cases over which the jurisdiction of the Cir- 
cuit Court has been extended by statute, but 
in such cases the particular law must be re- 
ferred to in each instance. 

3 R. 8. Statutes, 73 



120 The United States Government 

District Courts — By the same great law — 
the Judiciary Act — that created the Circuit 
Court was established the District Court as 
it now exists — a court of extraordinary im- 
portance, with general jurisdiction over most 
matters with respect to the territory of its 
creation. In each State there is at least one 
such court or district, and there are as many 
as four in some States — New York and Texas, 
for instance — with a judge for each district, 
appointed by the President and confirmed by 
the Senate, and who draws a salary of $6000 
a year, with no limitation to the term of office, 
provided his services are accompanied by 
good behavior. 

Jurisdiction of the Court — Among the Fed- 
eral courts is found the District Court, one 
that is peculiar to the whole Federal system 
in its relation to the other courts, in its limita- 
tions of jurisdiction, which is prescribed by 
statutory law, thus making it a special court 
of the national Government, in so far as it 
has jurisdiction of ' i crimes and offenses cog- 
nizable under the authority of the United 
States," suits for penalties and forfeitures 
incurred under national laws, suits at law by 
the United States, suits arising under reve- 
nue and postal laws, and other governmental 
suits and proceedings ; besides admiralty and 



The United States Goveenmext 121 

prize cases and bankruptcy proceedings, with 
original and exclusive jurisdiction over each 
controversy. Although the District Court is 
not vested with general equity or common law 
jurisdiction, both equity and common law 
powers are conferred by statute upon it for 
the purpose of giving it full power to exer- 
cise the same over the scope to which it ex- 
tends. 

The New Disteict Cotjets — The act of 
March 4, 1911, to codify, revise and amend the 
laws relating to the judiciary of the United 
States, consolidated what are now the Circuit 
Courts and District Courts, under the name 
of ' ■ District Courts, ' ' to become effective Jan- 
uary 1, 1912. It is therefore enacted that all 
the journals, dockets, books, records, papers, 
money, and other property belonging to or in 
any way connected with the Circuit Courts 
shall on that date be delivered over by the 
clerk of said court, to be and become the prop- 
erty of the respective District Courts. The 
judges thereof shall be known as "District 
Judges," and after that time shall have and 
exercise all the combined judicial rights and 
powers that are now conferred upon both 
classes of judges severally. 4 

The two foregoing courts being merged into 
one, it naturally follows — as well as being en- 

4 Sec. 289, Judicial Code. 



122 The United States Government 

acted by law — that all matters in litigation 
over which either court has jurisdiction at 
this time will be tried and determined in the 
new court. No important changes will be 
made in the district boundaries, nor in the 
personnel of the judges, nor in their salaries ; 
but the terms of court will be held more fre- 
quently, with monthly adjournments for the 
trial of criminal causes, in order to prevent 
undue expenses and delays in such cases. 

While the "Judicial Code" makes sweep- 
ing changes in the judiciary by abolishing the 
Circuit Courts, in substance it re-enacts all 
the judicial acts appertaining to the present 
system of courts. It provides for a fixed num- 
ber of judges for the Circuit Courts of Ap- 
peals, besides the Supreme Court Justices — 
who draw a salary of $7000 per annum. The 
jurisdiction of the Circuit Courts of Appeals 
will embrace the same territory as the present 
Circuit Courts, with fixed times and places 
for holding the same, and the volume of work 
for each court will be limited to appellate 
cases from the District Courts, instead of 
cases from both the Circuit and District 
Courts, as the law now stands. Such in brief 
will be the status of the two courts after the 
"Judicial Code" becomes operative. 

Court of Claims — In 1855 Congress estab- 



The United States Govekstment 123 

lished what is known as the " Court of 
Claims." It is composed of five justices — 
one Chief Justice and four Associate Justices 
— each appointed by the President and con- 
firmed by the Senate, who draw the respective 
salaries of $6500 and $6000 a year. 

Place of Session — The Court of Claims is 
located in Washington City, and the sessions 
are held annually, continuing from time to 
time to perform all the work that is justly 
before the court. 

Jurisdiction of the Court — The Court of 
Claims shall have jurisdiction to hear and de- 
termine all matters arising over claims by or 
against the Government, in any department 
thereof, or individual or corporation, which 
is disputed ; and, after determining and pass- 
ing judgment on the same, such will be final 
and forever bar any further claims with re- 
spect to the same subject matter involved in 
the controversy to which the United States is 
a party. But if a claim is allowed, it is gen- 
erally paid at once, or Congress afterwards 
appropriates the money to pay the same, or 
the case may be again revived for the same 
consideration. 

Coukt of Custom Appeals — There is only 
one Court of Custom Appeals. This court 
has a Chief Justice and four Associate Jus- 



124 The United States Government 

tices, who are appointed by the President and 
confirmed by the Senate, and are paid a sal- 
ary of $7000 a year. The time for the ses- 
sions are fixed by law, but it remains in ses- 
sion continuously, to adjudicate the proper 
matters brought before it for settling. The 
court may move from place to place. 

Jurisdiction of the Court — When the owner, 
importer, consignee, or agent of any imported 
merchandise, or collector, shall be dissatisfied 
with the decision of the Board of General Ap- 
praisers, as to the construction of the law and 
the facts respecting the classification of such 
merchandise and the rate of duty imposed 
thereon under such classification, or with any 
other appealable decision of such board, they, 
or either of them, may within sixty days next 
after the entry of such decree or judgment, 
and not afterward, apply to the Court of Cus- 
tom Appeals for a review of the questions of 
law and fact involved in the decision of the 
Board of General Appraisers. The court 
shall have power and jurisdiction to increase, 
decrease, or modify in any way the matter 
complained of, after hearing the original de- 
cisions of the board — and its judgment is 
final. 

Commerce Court — The Commerce Court 
was created June 18, 1910, and is composed 



The United States Government 125 

of five judges, appointed by the President and 
confirmed by the Senate for varying terms 
ranging from one to five years, and after one 
year, when the first vacancy occurs, the ap- 
pointing power devolves upon the Chief Jus- 
tice of the Supreme Court, who shall then and 
annually thereafter fill each vacancy from one 
of the Circuit Courts of the United States for 
a like term of five years. The senior judge of 
the court shall be the presiding judge. Each 
justice shall be compensated at the rate of 
$7000 per annum and $1500 for expenses. The 
court is located in Washington City. 

Jurisdiction of the Court — The Court of 
Commerce shall have power to enforce any 
order of the Interstate Commerce Commis- 
sion other than the payment of money; to 
enjoin, set aside, annul, or suspend, in whole 
or in part, any order of the Interstate Com- 
merce Commission; to hear and determine 
actions to regulate commerce; and to main- 
tain all mandamus proceedings with refer- 
ence to the regulation of commerce. In all 
these cases the jurisdiction of the court is 
exclusive and final. 

Other Courts — There are other courts, 
such as the Territorial courts and the Com- 
missioners' courts, with very limited powers 
and jurisdiction, which will be omitted from 



126 The United States Government 

this treatise, because they take cognizance of 
matters of local character and of but little 
importance compared to the higher courts. 
They are numerous and serve their purposes, 
but it is not necessary here to discuss them in 
a general way. 

Law and Justice — The supreme law of the 
land shall consist of the Constitution, the laws 
of the United States which shall be made in 
pursuance thereof, and all treaties made by 
authoritv of the United States; and all the 
State constitutions and laws must conform to 
the same. 5 The law, being a rule by which one 
must govern his conduct before the eyes of 
the public, can be violated ; and when such is 
the case the one who fails to keep the law 
must pay the penalty for its violation. The 
judges in the various courts are the dispen- 
sers of the law at the hands of justice, and 
they are bound to see that everyone who is 
arraigned before them in any court is 
given a fair and impartial trial according 
to law. 

Criminal Cases — It is a constitutional 
guaranty that in times of peace no person 
shall be held for a capital or otherwise in- 
famous crime unless on presentment or indict- 
ment of a grand jury; and in all criminal 
prosecutions the accused shall enjoy the right 
5 Article VI. par. 2, Constitution. 



The United States Govekstment 127 

to a speedy and public trial 6 by an impartial 
jury of the State and district in which the 
crime was committed, and be informed of the 
nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; and 
to have compulsory process for obtaining wit- 
nesses and counsel in his favor and for his 
defense. But after a person has been tried 
and convicted or acquitted of an offense, he 
cannot again be lawfully put in jeopardy for 
the same crime, nor compelled to be a witness 
against himself, nor deprived of life, liberty, 
or property without due process of law, which 
is the law of the land. History tells us of cer- 
tain cruel and unmerciful punishments being 
inflicted upon wrongdoers and criminals in 
the past, but in this day and country such is 
far from the case, because it is not suffered by 
law; neither is excessive bail required nor ex- 
cessive fines allowed to be imposed, which is 
right and proper. Then, too, the trials of all 
crimes must be by jury and in the State and 
district of their commission; but crimes not 
committed in any State, as for example on the 
high seas, shall be tried at such places as Con- 
gress may have directed by law. 

Civil Cases — In all civil cases where the 
value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be pre- 
6 Article VI. Constitution, amendment. 



128 The United States Government 

served, and no fact tried by a jury shall be 
otherwise re-examined in any court than ac- 
cording to the rules of the common law. 7 Also, 
no person, real or artificial, shall have his 
property taken for public use without just 
compensation. Everyone has a constitutional 
right to be secure in his person, houses, pa- 
pers, and effects as against private parties 
and general warrants in the hands of officers 
of the law, and that right should never be 
violated. 

The Law of the Land — In this country the 
highest type of written law is the Constitu- 
tion. The laws of Congress, treaties, and all 
other laws are secondary to that great instru- 
ment. But all the laws of a nation taken to- 
gether constitute the law of the land. 

It is a rule of law that no law-making power 
in the United States can enact irrepealable 
legislation, therefore while the Constitution 
is the highest law in the land, it is still sub- 
ject to change or amendment, which is done 
by action of the several States. So whenever 
both Houses of Congress shall deem it neces- 
sary, they shall propose amendments to the 
Constitution, or the legislatures of two-thirds 
of the several States may apply to Congress 
to call a convention for proposing amend- 
ments thereto; which amendments, in either 

7 Article VII. Constitution, amendment. 



The United States Goveknment 129 

case, shall be valid to all intents and purposes 
and become a part of the Constitution when 
so ratified by the legislatures of three-fourths 
of the several States, or by convention in 
three-fourths thereof, and either mode may 
be prescribed by Congress for amending the 
same. It is well known that the law-making 
body that enacts a law has the same right to 
repeal general laws enacted in the same way ; 
for example, Congress could repeal any Fed- 
eral law, and the President and Senate could 
abolish any treaty, and so on with other law- 
making bodies. 

The Natiox a Union — The United States 
is a union of all the States under one central 
form of government, and the Union guaran- 
tees to each individual State a republican 
form of government and protection in case of 
invasion; and, when lawfully requested, to 
assist in case of domestic violence. 

It is every man's duty to be loyal to his 
State as much so as for each State to be loyal 
to the Union; and no State has the right to 
withdraw. Most men are patriots by nature, 
while others are naturally prone to be trait- 
ors — one of the greatest of constitutional 
crimes when the elements of treason are all 
there. According to the Constitution treason 
consists in levying war against the United 
States, or adhering to their enemies, by giving 



130 The United States Government 

them aid and comfort; but real treason is a 
creature of war times, doing its destructive 
work at that time. The power to declare the 
punishment of treason is lodged with Con- 
gress, but no one can be convicted of the same 
unless on the testimony of two witnesses to 
the same overt act, or on confession in open 
court. Yet a trial and conviction of a person 
for the same can never work a corruption of 
blood, or forfeiture of property, except for 
the life of the person attainted. 

Interstate Privileges — It is a privilege 
that everyone may enjoy in going to other 
States than the one in which he has his citizen- 
ship, to be entitled to all the privileges and 
immunities of the citizens of the other States, 
to enjoy the protection of the laws, and have 
the same right to trade and contract as the 
citizens of the other States, but the privilege 
does not carry with it the right of suffrage. 

CHIEF JUSTICES OF THE SUPREME COURT 



JUSTICE. 

John Jay, . . . 
John Rutlege, . 
Oliver Ellsworth, 
John Marshall, . 
Roger B. Taney, 
Salmon P. Chase, 
Morrison R. Waite 
Melville W. Fuller 
Edward W. White 



YEARS. 


STATE. 


1789-1795. 


New York. 


1795-1795. 


South Carolina 


1796-1800. 


Connecticut. 


1801-1835. 


Virginia. 


1835-1864. 


Maryland. 


1864-1873. 


Ohio. 


1874-1888. 


Ohio. 


1888-1910. 


Illinois. 


1910 . 


Louisiana. 



CHAPTER VI 

DECLARATION OF INDEPENDENCE 
July Jj, 1776 

"When, in the course of human events, it 
becomes necessary for one people to dissolve 
the political bands which have connected them 
with another, and to assume, among the pow- 
ers of the earth, the separate and equal sta- 
tion to which the laws of nature and of na- 
ture 's God entitle them, a decent respect to 
the opinions of mankind requires that they 
should declare the causes which impel them to 
the separation. 

We hold these truths to be self-evident — 
that all men are created equal ; that they are 
endowed by their Creator with certain in- 
alienable rights; that among these are life, 
liberty, and the pursuits of happiness. That 
to secure these rights, governments are insti- 
tuted among men, deriving their just powers 
from the consent of the governed ; that when 
any form of government becomes destructive 
of these ends, it is the right of the people to 
alter or to abolish it, and to institute a new 

131 



132 The United States Govebnment 

government, laying its foundation on such 
principles, and organizing its powers in such 
form, as to them will seem most likely to effect 
their safety and happiness. Prudence, in- 
deed, will dictate that governments long es- 
tablished should not be changed for light and 
transient causes ; and, accordingly, all experi- 
ence hath shown, that mankind are more dis- 
posed to suffer, while evils are sufferable, 
than to right themselves by abolishing the 
forms to which they are accustomed. But 
when a long train of abuses and usurpations, 
pursuing invariably the same object, evinces 
a design to reduce them under absolute des- 
potism, it is their right, it is their duty, to 
throw off such government, and to provide 
new guards for their future security. Such 
has been the patient sufferance of these colo- 
nies, and such is now the necessity which con- 
strains them to alter their former systems of 
government. The history of the present king 
of Great Britain is a history of repeated in- 
juries and usurpations, all having, in direct 
object, the establishment of an absolute tyr- 
anny over these States. To prove this, let 
facts be submitted to a candid world : 

He has refused his assent to laws the most 
wholesome and necessary for the public good. 

He has forbidden his governors to pass 



The United States Government 133 

laws of immediate and pressing importance, 
unless suspended in their operation till his 
assent should be obtained ; and, when so sus- 
pended, he has utterly neglected to attend to 
them. 

He has refused to pass other laws for the 
accommodation of large districts of people, 
unless those people would relinquish their 
right of representation in the legislature; a 
right inestimable to them, and formidable to 
tyrants only. 

He has called together legislative bodies at 
places unusual, uncomfortable, and distant 
from the depository of their public records, 
for the sole purpose of fatiguing them into 
compliance with his measures. 

He has dissolved representative houses re- 
peatedly, for opposing, with manly firmness, 
his invasions on the rights of the people. 

He has refused, for a long time after such 
dissolutions, to cause others to be elected; 
whereby the legislative powers, incapable of 
annihilation, have returned to the people at 
large for their exercise ; the State remaining, 
in the meantime, exposed to all the danger of 
invasion from without, and convulsions 
within. 

He has endeavored to prevent the popula- 
tion of these States; for that purpose ob- 



134 The United States Government 

strutting the laws for the naturalization of 
foreigners ; refusing to pass others to encour- 
age their migration hither, and raising the 
conditions of new appropriations of lands. 

He has obstructed the administration of 
justice by refusing his assent to laws for 
establishing judiciary powers. 

He has made judges dependent on his will 
alone, for the tenure of their offices, and the 
amount and payment of their salaries. 

He has erected a multitude of new offices, 
and sent hither swarms of officers to harass 
our people and eat out their substance. 

He has kept among us, in times of peace, 
standing armies, without the consent of our 
legislatures. 

He has affected to render the military in- 
dependent of, and superior to, the civil power. 

He has combined, with others, to subject us 
to a jurisdiction foreign to our constitution, 
and unacknowledged by our laws; giving 
his assent to their acts of pretended legis- 
lation : 

For quartering large bodies of armed 
troops among us : 

For protecting them, by a mock trial, from 
punishment, for any murders which they 
should commit on the inhabitants of these 
States: 



The United States Government 135 

For cutting off our trade with all parts of 
the world : 

For imposing taxes on us without our con- 
sent: 

For depriving us, in many cases, of the ben- 
efits of trial by jury : 

For transporting us beyond seas for pre- 
tended offenses : 

For abolishing the free system of English 
laws in a neighboring province, establishing 
therein an arbitrary government, and enlarg- 
ing its boundaries, so as to render it at once 
an example and fit instrument for introducing 
the same absolute rule in these colonies : 

For taking away our charters, abolish- 
ing our most valuable laws, and altering, 
fundamentally, the powers of our govern- 
ments : 

For suspending our own legislatures, and 
declaring themselves invested with power to 
legislate for us in all cases whatsoever. 

He has abdicated government here, by de- 
claring us out of his protection, and waging 
war against us. 

He has plundered our seas, ravaged our 
coasts, burnt our towns, and destroyed the 
lives of our people. 

He is, at this time, transporting large ar- 
mies of foreign mercenaries to complete the 



136 The United States Government 

work of death, desolation, and tyranny, al- 
ready begun, with circumstances of cruelty 
and perfidy scarcely paralleled in the most 
barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, 
taken captive on the high seas, to bear arms 
against their country, to become the execu- 
tioners of their friends and brethren, or to 
fall themselves by their hands. 

He has excited domestic insurrections 
amongst us, and has endeavored to bring on 
the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of warfare 
is an undistinguished destruction of all ages, 
sexes, and conditions. 

In every stage of these oppressions we have 
petitioned for redress in the most humble 
terms; our repeated petitions have been an- 
swered only by repeated injury. A prince 
whose character is thus marked by every act 
which may define a tyrant is unfit to be the 
ruler of a free people. 

Nor have we been wanting in attention to 
our British brethren. We have warned them 
from time to time, of attempts made by their 
legislature to extend an unwarrantable juris- 
diction over us. We have reminded them of 



The United States Govekstment 137 

the circumstances of our emigration and set- 
tlement here. We have appealed to their na- 
tive justice and magnanimity, and we have 
conjured them, by the ties of our common 
kindred, to disavow these usurpations, which 
would inevitably interrupt our connection 
and correspondence. They, too, have been 
deaf to the voice of justice and consanguinity. 
We must, therefore, acquiesce in the neces- 
sity which denounces our separation, and hold 
them, as we hold the rest of mankind, enemies 
in war ; in peace, friends. 

We, therefore, the Eepresentatives of the 
United States of America, in General Con- 
gress assembled, appealing to the Supreme 
Judge of the world for the rectitude of our 
intentions, do, in the name and by the author- 
ity of the good people of these colonies, sol- 
emnly publish and declare, That these united 
colonies are, and of right ought to be, free and 
independent States; that they are absolved 
from all allegiance to the British Crown, and 
that all political connection between them and 
the state of Great Britain is, and ought to be, 
totally dissolved ; and that, as free and inde- 
pendent States, they have full power to levy 
war, conclude peace, contract alliances, estab- 
lish commerce, and to do all other acts and 



138 The United States Goveknment 

things which independent States may of right 
do. And, for the support of this Declaration, 
with a firm reliance on the protection of 
Divine Providence, we mutually pledge to 
each other our lives, our fortunes, and our 
sacred honor. 

(Fifty-six signers.) 



CHAPTER VII 

THE CONSTITUTION OF THE UNITED STATES 
(Original ratification, from 1787 to 1789) 

[Preamble] 

We, the people of the United States, in or- 
der to form a more perfect Union, establish 
justice, insure domestic tranquillity, provide 
for the common defense, promote the general 
welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and 
establish this Constitution for the United 
States of America. 

Article I 
[Legislative Powers] 

Section I — All legislative power herein 
granted shall be vested in a Congress of the 
United States, which shall consist of a Senate 
and House of Representatives. 

Section II — 1. The House of Representa- 
tives shall be composed of members chosen 

139 



140 The United States Government 

every second year by the people of the several 
States, and the electors in each State shall 
have the qualifications requisite for electors 
of the most numerous branch of the State 
Legislature. 

2. No person shall be a Eepresentative 
who shall not have attained the age of twenty- 
five years, and been seven years a citizen of 
the United States, and who shall not, when 
elected, be an inhabitant of that State in 
which he shall be chosen. 

3. Eepresentatives and direct taxes shall 
be apportioned among the several States 
which may be included within this Union ac- 
cording to their respective numbers, which 
shall be determined by adding to the whole 
number of free persons, including those bound 
to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be 
made within three years after the first meet- 
ing of the Congress of the United States, and 
within every subsequent term of ten years, in 
such manner as they shall by law direct. The 
number of Eepresentatives shall not exceed 
one for every thirty thousand, but each State 
shall have at least one Eepresentative; and 
until such enumeration shall be made, the 
State of New Hampshire shall be entitled to 



The United States Govebnment 141 

choose three; Massachusetts, eight; Ehode 
Island and Providence Plantations, one ; Con- 
necticut, five; New York, six; New Jersey, 
four; Pennsylvania, eight; Delaware, one; 
Maryland, six ; Virginia, ten ; North Carolina, 
five ; South Carolina, five ; and Georgia, three. 

4. When vacancies happen in the repre- 
sentation from any State, the executive au- 
thority thereof shall issue writs of election to 
fill such vacancies. 

5. The House of Eepresentatives shall 
choose their Speaker and other officers, and 
shall have the sole power of impeachment. 

Section III — 1. The Senate of the United 
States shall be composed of two Senators 
from each State, chosen by the Legislature 
thereof, for six years ; and each Senator shall 
have one vote. 

2. Immediately after they shall be assem- 
bled in consequence of the first election, they 
shall be divided as equally as may be into 
three classes. The seats of the Senators of 
the first class shall be vacated at the expira- 
tion of the second year, of the second class at 
the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, 
so that one-third may be chosen every second 
year ; and if vacancies happen by resignation, 
or otherwise, during the recess of the Legis- 



142 The United States Government 
latures of anv State, the executive thereof 

*/ 7 

may make temporary appointment until the 
next meeting of the Legislature, which shall 
then fill such vacancies. 

3. No person shall be a Senator who shall 
not have attained the age of thirty years, and 
been nine years a citizen of the United States, 
and who shall not, when elected, be an inhab- 
itant of the State for which he shall be 
chosen. 

4. The Vice-President of the United States 
shall be President of the Senate, but shall 
have no vote, unless they be equally divided. 

5. The Senate shall chose their other offi- 
cers, and also a President pro tempore, in the 
absence of the Vice-President, or when he 
shall exercise the office of President of the 
United States. 

6. The Senate shall have the sole power to 
try all impeachments. When sitting for that 
purpose, they shall be on oath or affirmation. 
When the President of the United States is 
tried, the Chief Justice shall preside ; and no 
person shall be convicted without the concur- 
rence of two-thirds of the members present. 

7. Judgment in cases of impeachment 
shall not extend further than to removal from 
office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the 



The United States Goveknment 143 

United States; but the party convicted shall 
nevertheless be liable and subject to indict- 
ment, trial, judgment, and punishment, ac- 
cording to law. 

Section IV — 1. The times, places, and 
manner of holding elections for Senators and 
Eepresentatives shall be prescribed in each 
State by the Legislatures thereof; but the 
Congress may at any time, by law, make or 
alter such regulations, except as to the places 
of choosing Senators. 

2. The Congress shall assemble at least 
once in every year, and such meeting shall be 
on the first Monday in December, unless they 
shall by law appoint a different day. 

Section V — 1. Each House shall be the 
judge of the elections, returns, and qualifica- 
tions of its own members, and a majority of 
each shall constitute a quorum to do business ; 
but a smaller number may adjourn from day 
to day, and may be authorized to compel the 
attendance of absent members, in such man- 
ner and under such penalties, as each House 
may provide. 

2. Each House may determine the rules of 
its proceedings, punish its members for dis- 
orderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

3. Each House shall keep a journal of its 



144 The United States Govebnment 

proceedings, and from time to time publish 
the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and 
nays of the members of either House on any 
question shall, at the desire of one-fifth of 
those present, be entered on the journal. 

4. Neither House, during the session of 
Congress, shall, without the consent of the 
other, adjourn for more than three days, nor 
to any other place than that in which the two 
Houses shall be sitting. 

Section VI — 1. The Senators and Eepre- 
sentatives shall receive a compensation for 
their services, to be ascertained by law, and 
paid out of the Treasury of the United States. 
They shall in ail cases, except treason, felony, 
and breach of the peace, be privileged from 
arrest during their attendance at the sessions 
of their respective Houses, and in going to 
and returning from the same; and for any 
speech or debate in either House, they shall 
not be questioned in any other place. 

2. No Senator or Eepresentative shall, 
during the time for which he was elected, be 
appointed to any civil office under the author- 
ity of the United States, which shall have been 
created, or the emoluments whereof shall have 
been increased, during such time; and no 
person holding any office under the United 



The United States Government 145 

States shall be a member of either House dur- 
ing his continuance in office. 

Section VII — 1. All bills for raising reve- 
nue shall originate in the House of Eepre- 
sentatives, but the Senate may propose or 
concur with amendments, as on other bills. 

2. Every bill which shall have passed the 
House of Eepresentatives and the Senate, 
shall, before it become a law, be presented to 
the President of the United States ; if he ap- 
prove, he shall sign it ; but if not, he shall re- 
turn it, with his objections, to that House in 
which it shall have originated, who shall enter 
the objections at large on their journal, and 
proceed to reconsider it. If after such recon- 
sideration two-thirds of that House shall 
agree to pass the bill, it shall be sent, together 
with the objections, to the other House, by 
which it shall be likewise reconsidered ; and if 
approved by two-thirds of that House, it shall 
become a law. But in all such cases the votes 
of both houses shall be determined by yeas 
and nays, and the names of the persons voting 
for and against the bill shall be entered on the 
journal of each House respectively. If any 
bill shall not be returned by the President 
within ten days (Sunday excepted) after it 
shall have been presented to him, the same 
shall be a law, in like manner as if he had 



146 The United States Government 

signed it, unless the Congress by their ad- 
journment prevent its return, in which case it 
shall not be a law. 

3. Every order, resolution, or vote to 
which the concurrence of the Senate and 
House of Eepresentatives may be necessary 
(except on a question of adjournment) shall 
be presented to the President of the United 
States ; and before the same shall take effect, 
shall be approved by him, or being disap- 
proved by him, shall be repassed by two- 
thirds of the Senate and House of Eepresenta- 
tives, according to the rules and limitations 
prescribed in the case of a bill. 

Section VIII — 1. Congress shall have 
power: To lay and collect taxes, duties, im- 
posts, and excises, to pay the debts and pro- 
vide for the common defense and general wel- 
fare of the United States ; but all duties, im- 
posts, and excises shall be uniform through- 
out the United States ; 

2. To borrow money on the credit of the 
United States ; 

3. To regulate commerce with foreign na- 
tions, and among the several States, and with 
the Indian tribes ; 

4. To establish an uniform rule of natural- 
ization, and uniform laws on the subject of 
bankruptcies throughout the United States; 



The United States Goveenment 147 

5. To coin money, regulate the value 
thereof, and of foreign coin, and fix the stand- 
ard of weights and measures ; 

6. To provide for the punishment of coun- 
terfeiting the securities and current coin of 
the United States ; 

7. To establish post-offices and post roads ; 

8. To promote the progress of science and 
useful arts, by securing for limited times, to 
authors and inventors, the exclusive right to 
their respective writings and discoveries ; 

9. To constitute tribunals inferior to the 
Supreme Court; 

10. To define and punish piracies and fel- 
onies committed on the high seas, and offenses 
against the laws of nations ; 

11. To declare war, grant letters of 
marque and reprisal, and make rules concern- 
ing captures on land and water ; 

12. To raise and support armies, but no 
appropriation of money to that use shall be 
for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and 
regulation of the land and naval forces ; 

15. To provide for calling forth the militia 
to execute the laws of the Union, suppress 
insurrections, and repel invasions ; 

16. To provide for organizing, arming, 



148 The United States Goveknment 

and disciplining the militia, and for governing 
such part of them as may be employed in the 
service of the United States, reserving to 
the States respectively the appointment of 
the officers, and the authority of training the 
militia according to the discipline prescribed 
by Congress ; 

17. To exercise exclusive legislation in all 
cases whatsoever over such district (not ex- 
ceeding ten miles square) as may, by cession 
of particular States and the acceptance of 
Congress, become the seat of government of 
the United States, and to exercise like author- 
ity over all places purchased by the consent 
of the legislature of the State in which the 
same shall be, for the erection of forts, maga- 
zines, arsenals, dockyards, and other needful 
buildings ; and 

18. To make all laws which shall be neces- 
sary and proper for carrying into execution 
the foregoing powers, and all other powers 
vested by this Constitution in the government 
of the United States, or in any department or 
officer thereof. 

Section IX — 1. The migration or impor- 
tation of such persons as any of the States 
now existing shall think proper to admit, shall 
not be prohibited by Congress prior to the 
year one thousand eight hundred and eight, 



The United States Goveknment 149 

but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for 
each, person. 1 

2. The privilege of the writ of habeas cor- 
pus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety 
may require it. 

3. No bill of attainder or ex post facto law 
shall be passed. 

4. No capitation, or other direct, tax shall be 
laid, unless in proportion to the census or enu- 
meration herein before directed to be taken. 

5. No tax or duty shall be laid on articles 
exported from any State. 

6. No preference shall be given by any 
regulation of commerce or revenue to the 
ports of one State over those of another ; nor 
shall vessels bound to, or from, one State be 
obliged to enter, clear, or pay duties in an- 
other. 

7. No money shall be drawn from the 
Treasury but in consequence of appropria- 
tions made by law; and a regular statement 
and account of the receipts and expenditures 
of all public money shall be published from 
time to time. 

8. No title of nobility shall be granted by 
the United States: and no person holding 
any office of profit or trust under them, shall, 

*A temporary clause, no longer in force. 



150 The United States Government 

without the consent of the Congress, accept 
of any present, emolument, office, or title, of 
any kind whatever, from any king, prince or 
foreign state. 

Section X — 1. No State shall enter into 
any treaty, alliance, or confederation ; grant 
letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold 
and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts, 
or grant any title of nobility. 

2. No State shall, without the consent of 
the Congress, lay any imposts or duties on 
imports or exports, except what may be abso- 
lutely necessary for executing its inspection 
laws: and the net produce of all duties and 
imposts laid by any State on imports or ex- 
ports shall be for the use of the Treasury of 
the United States; and all such laws shall be 
subject to the revision and control of the 
Congress. 

3. No State shall, without the consent of 
Congress, lay any duty of tonnage, keep 
troops, or ships of war in time of peace, enter 
into any agreement or compact with another 
State, or with a foreign power, or engage in 
war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 



The United States Government 151 
Article II 
[Executive Power] 

Section I — 1. The executive power shall 
be vested in a President of the United States 
of America. He shall hold his office during 
the term of four years, and, together with the 
Vice-President, chosen for the same term, be 
elected as follows: 

2. Each State shall appoint, in such man- 
ner as the legislature thereof may direct, a 
number of electors, equal to the whole number 
of Senators and Eepresentatives to which the 
State may be entitled in the Congress: but 
no Senator or Representative, or person hold- 
ing an office of trust or profit under the United 
States, shall be appointed an elector. 

[The electors shall meet in their respective 
States, and vote by ballot for two persons, of 
whom one at least shall not be an inhabitant 
of the same State with themselves. And they 
shall make a list of all the persons voted for, 
and of the number of votes for each; which 
list they shall sign and certify, and transmit 
sealed to the seat of Government of the 
United States, directed to the president of the 
Senate. The president of the Senate shall, in 
the presence of the Senate and House of Eep- 



152 The United States Goveenment 

resentatives, open all the certificates, and the 
votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the 
President, if such number be a majority of 
the whole number of electors appointed ; and 
if there be more than one who have such ma- 
jority, and have an equal number of votes, 
then the House of Eepresentatives shall im- 
mediately choose by ballot one of them for 
President ; and if no person have a majority, 
then from the five highest on the list the said 
House shall in like manner choose the Presi- 
dent. But in choosing the President, the 
votes shall be taken by States, the representa- 
tion from each State having one vote; a 
quorum for this purpose shall consist of a 
member or members from two-thirds of the 
States, and a majority of all the States shall 
be necessary to a choice. In everv case, after 
the choice of the President, the person having 
the greatest number of votes of the electors 
shall be the Vice-President. But if there 
should remain two or more who have equal 
votes, the Senate shall choose from them by 
ballot the Vice-President. 2 ] 

3. The Congress may determine the time 
of choosing the electors, and the day on which 
they shall give their votes ; which day shall be 
the same throughout the United States. 

2 This paragraph superseded by the Twelfth amendment. 



The United States Goveestment 153 

4. No person, except a natural born citi- 
zen, or a citizen of the United States, at the 
time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither 
shall any person be eligible to that office who 
shall not have attained the age of thirty-five 
years, and been fourteen years a resident 
within the United States. 

5. In case of the removal of the President 
from office, or of his death, resignation, or 
inability to discharge the powers and duties 
of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law 
provide for the case of removal, death, resig- 
nation, or inability, both of the President and 
Vice-President, declaring what officer shall 
then act as President, and such officer shall 
act accordingly, until the disability be re- 
moved, or a President shall be elected. 

6. The President shall, at stated times, 
receive for his services a compensation, which 
shall neither be increased nor diminished dur- 
ing the period for which he shall have been 
elected, and he shall not receive within that 
period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his 
office, he shall take the following oath or 
affirmation : 



154 The United States Government 

"I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of 
the United States, and will, to the best of my 
ability, preserve, protect, and defend the Con- 
stitution of the United States." 

Section II — 1. The President shall be 
commander in chief of the army and navy of 
the United States, and of the militia of the 
several States, when called into the actual 
service of the United States ; he may require 
the opinion, in writing, of the principal officer 
in each of the executive departments, upon 
any subject relating to the duties of their re- 
spective offices, and he shall have power to 
grant reprieves and pardons for offenses 
against the United States, except in cases of 
impeachment. 

2. He shall have power, by and with the 
advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators 
present concur; and he shall nominate, and 
by and with the advice and consent of the 
Senate, shall appoint ambassadors, other pub- 
lic ministers and consuls, judges of the Su- 
preme Court, and all other officers of the 
United States, whose appointments are not 
herein otherwise provided for, and which 
shall be established by law : but the Congress 
may by law vest the appointment of such in- 



The United States Goveknment 155 

ferior officers, as they think proper, in the 
President alone, in the courts of law, or in the 
heads of departments. 

3. The President shall have power to fill 
up all vacancies that may happen during the 
recess of the Senate, by granting commissions 
which shall expire at the end of their next 
session. 

Section III — 1. He shall from time to 
time give to the Congress information of the 
state of the Union, and recommend to their 
consideration such measures as he shall judge 
necessary and expedient ; he may, on extraor- 
dinary occasions, convene both Houses, or 
either of them, and in case of disagreement 
between them with respect to the time of ad- 
journment, he may adjourn them to such time 
as he shall think proper ; he shall receive am- 
bassadors and other public ministers ; he shall 
take care that the laws be faithfully executed, 
and shall commission all officers of the United 
States. 

Section IV — 1. The President, Vice-Pres- 
ident, and all civil officers of the United States, 
shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 



156 The United States Government 

Article III 
[Judicial Power] 

Section I — 1. The judicial power of the 
United States shall be vested in one Supreme 
Court, and in such inferior courts as the Con- 
gress may from time to time ordain and estab- 
lish. The judges, both of the Supreme and 
inferior courts, shall hold their offices during 
good behavior, and shall, at stated times, re- 
ceive for their services, a compensation which 
shall not be diminished during their continu- 
ance in office. 

Section II — 1. The judicial power shall 
extend to all cases, in law and equity, arising 
under this Constitution, the laws of the United 
States, and treaties made, or which shall be 
made, under their authority; — to all cases 
affecting ambassadors, other public ministers, 
and consuls; — to all cases of admiralty and 
maritime jurisdiction; — to controversies to 
which the United States shall be a party; — 
to controversies between two or more 
States; — between a State and citizens of an- 
other State 3 ; — between citizens of different 
States, — between citizens of the same State 
claiming lands under grants of different 
States, and between a State, or the citizens 

3 See Eleventh amendment. 



The United States Govekstment 157 

thereof, and foreign States, citizens, or sub- 
jects. 

2. In all cases affecting ambassadors, 
other public ministers and consuls, and those 
in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all 
other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and 
under such regulations as the Congress shall 
make. 

3. The trial of all crimes, except in cases 
of impeachment, shall be by jury; and such 
trial shall be held in the State where the said 
crimes shall have been committed; but when 
not committed within any State, the trial shall 
be at such place or places as the Congress may 
by law have directed. 

Section III — 1. Treason against the 
United States shall consist only in levying 
war against them, or in adhering to their ene- 
mies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the 
testimonv of two witnesses to the same overt 
act, or on confession in open court. 

2. The Congress shall have power to de- 
clare the punishment of treason, but no at- 
tainder of treason shall work corruption of 
blood, or forfeiture except during the life of 
the person attainted. 



158 The United States Government 

Article IV 
[The Right of States] 

Section I — 1. Full faith and credit shall 
be given in each State to the public acts, rec- 
ords, and judicial proceedings of every other 
State. And the Congress may by general 
laws prescribe the manner in which such acts, 
records, and proceedings shall be proved, and 
the effect thereof. 

Section II — 1. The citizens of each State 
shall be entitled to all privileges and immuni- 
ties of citizens of the several States. 

2. A person charged in any State with 
treason, felony, or other crime, who shall flee 
from justice, and be found in another State, 
shall on demand of the executive authority of 
the State from which he fled, be delivered up 
to be removed to the State having jurisdiction 
of the crime. 

3. No person held to service or labor in 
one State, under the laws thereof, escaping 
into another, shall, in consequence of any law 
or regulation therein, be discharged from 
such service or labor, but shall be delivered 
up on claim of the party to whom such service 
or labor may be due. 4 

Section III — 1. New States may be ad- 

4 See the Thirteenth amendment. 



The United States Government 159 

mitted by the Congress into this Union ; but 
no new State shall be formed or erected 
within the jurisdiction of any other State ; nor 
any State be formed by the junction of two or 
more States, or parts of States, without the 
consent of the legislatures of the States con- 
cerned, as well as of the Congress. 

2. The Congress shall have power to dis- 
pose of and make all needful rules and regu- 
lations respecting the territory or other prop- 
erty belonging to the United States ; and noth- 
ing in this Constitution shall be so construed 
as to prejudice any claims of the United 
States, or of any particular State. 

Section IV— 1. The United States shall 
guarantee to every State in this Union a re- 
publican form of government, and shall pro- 
tect each of them against invasion; and, on 
application of the legislature, or of the execu- 
tive (when the legislature cannot be con- 
vened), against domestic violence. 

Article V 

[Amendments to the Constitution] 

1. The Congress, whenever two-thirds of 
both Houses shall deem it necessary, shall 
propose amendments to this Constitution, or, 



160 The United States Govebjstment 

on the application of the legislatures of two- 
thirds of the several States, shall call a con- 
vention for proposing amendments, which, in 
either case, shall be valid to all intents and 
purposes, as part of this Constitution, when 
ratified by the legislatures of three-fourths 
of the several States, or by conventions in 
three-fourths thereof, as the one or the other 
mode of ratification may be proposed by Con- 
gress; provided that no amendment which 
may be made prior to the year one thousand 
eight hundred and eight shall in any manner 
affect the first and fourth clauses in the ninth 
section of the first article ; and that no State, 
without its consent, shall be deprived of its 
equal suffrage in the Senate. 

Aeticle VI 

[Contract Obligations] 

1. All debts contracted and engagements 
entered into, before the adoption of this Con- 
stitution, shall be as valid against the United 
States under this Constitution, as under the 
Confederation. 

2. This Constitution, and the laws of the 
United States which shall be made in pursu- 
ance thereof, and all treaties made, or which 



The United States Government 161 

shall be made, under the authority of the 
United States, shall be the supreme law of 
the land ; and the judges in every State shall 
be bound thereby, anything in the Constitu- 
tion or laws of any State to the contrary not- 
withstanding. 

3. The Senators and Eepresentatives be- 
fore mentioned, and the members of the sev- 
eral State legislatures, and all executive and 
judicial officers, both of the United States 
and of the several States, shall be bound by 
oath or affirmation to support this Constitu- 
tion; but no religious test shall ever be re^ 
quired as a qualification to any office or public 
trust under the United States. 

Article VII 

[Ratification] 

The ratification of the conventions of nine 
States shall be sufficient for the establishment 
of this Constitution between the States so rat- 
ifying the same. 



162 The United States Government 

AMENDMENTS TO THE CONSTITU- 
TION 

Article I 5 

Congress shall make no law respecting an 
establishment of religion, or prohibiting the 
free exercise thereof; or abridging the free- 
dom of speech, or of the press ; or the right of 
the people peaceably to assemble, and to peti- 
tion the Government for a redress of griev- 
ances. 

Article II 

A well-regulated militia being necessary to 
the security of a free State, the right of the 
people to keep and bear arms shall not be 
infringed. 

Article III 

No soldier shall, in time of peace, be quar- 
tered in any house, without the consent of the 
owner, nor in time of war, but in a manner to 
be prescribed by law. 

Article IV 
The right of the people to be secure in their 

5 Articles I-X declared ratified 1791. 



The United States Government 163 

persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not 
be violated ; and no warrants shall issue, but 
upon probable cause, supported by oath or 
affirmation, and particularly describing the 
place to be searched, and the persons or 
things to be seized. 

Article V 

No person shall be held to answer for a cap- 
ital, or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, 
except in cases arising in the land or naval 
forces, or in the militia, when in actual serv- 
ice in time of war or public danger ; nor shall 
any person be subject for the same offense to 
be twice put in jeopardy of life or limb ; nor 
shall be compelled in any criminal case to be 
a witness against himself, nor be deprived of 
life, liberty, or property, without due process 
of law; nor shall private property be taken 
for public use without just compensation. 

Article VI 

In all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public 
trial, by an impartial jury of the State and 



164 The United States Government 

district wherein the crime shall have been 
committed, which district shall have been pre- 
viously ascertained by law, and to be informed 
of the nature and cause of the accusations ; to 
be confronted with the witnesses against him ; 
to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance 
of counsel for his defense. 

Article VII 

In suits at common law, where the value in 
controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved, and 
no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, 
than according to the rules of the common 
law. 

Article VIII 

Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Article IX 

The enumeration in the Constitution of cer- 
tain rights shall not be construed to deny or 
disparage others retained by the people. 



The United States Government 165 
Article X 

The powers not delegated to the United 
States by the Constitution, nor prohibited by 
it to the States, are reserved to the States 
respectively, or to the people. 

Article XI 6 

The judicial power of the United States 
shall not be construed to extend to any suit 
in law or equity, commenced or prosecuted 
against one of the United States by citizens of 
another State, or by citizens or subjects of 
any foreign state. 

Article XII 7 

The electors shall meet in their respective 
States, and vote by ballot for President and 
Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with 
themselves; they shall name in their ballots 
the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice- 
President, and they shall make distinct lists 
of all persons voted for as President and of 
all persons voted for as Vice-President, and 
of the number of votes for each, which lists 

•Declared in force 1798. 
7 Declared in force 1804. 



166 The United States Govebnment 

they shall sign and certify, and transmit 
sealed to the seat of the Government of the 
United States, directed to the president of the 
Senate. The president of the Senate shall, in 
presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the 
votes shall then be counted. The person hav- 
ing the greatest number of votes for Presi- 
dent shall be the President, if such number be 
a majority of the whole number of electors 
appointed; and if no person have such ma- 
jority, then from the persons having the high- 
est number not exceeding three on the list of 
those voted for as President, the House of 
Representatives shall choose immediately by 
ballot, the President. But in choosing the 
President, the votes shall be taken by States, 
the representation from each State having 
one vote ; a quorum for this purpose shall con- 
sist of a member or members from two-thirds 
of the States, and a majority of all the States 
shall be necessary to a choice. And if the 
House of Representatives shall not choose a 
President, whenever the right of choice shall 
devolve upon them, before the fourth day of 
March next following, then the Vice-Presi- 
dent shall act as President, as in the case of 
the death or other constitutional disability of 
the President. The person having the great- 



The United States Government 167 

est number of votes as Vice-President shall 
be the Vice-President, if such number be a 
majority of the whole number of electors ap- 
pointed, and if no person have a majority, 
then from the two highest numbers on the 
list, the Senate shall choose the Vice-Presi- 
dent ; a quorum for the purpose shall consist 
of two-thirds of the whole number of Sena- 
tors, and a majority of the whole number shall 
be necessary to a choice. But no person con- 
stitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President 
of the United States. 

Article XIII s 

Section I — Neither slavery nor involuntary 
servitude, except as a punishment for crime 
whereof the party shall have been duly con- 
victed, shall exist within the United States, 
or any place subject to their jurisdiction. 

Section II — Congress shall have power to 
enforce this article by appropriate legislation. 

Article XIV 9 

Section I — All persons born or naturalized 
in the United States, and subject to the juris- 
diction thereof, are citizens of the United 

8 Declared in force 1865. 
9 Proclaimed in force 1868. 



168 The United States Government 

States and of the State wherein they reside. 
No State shall make or enforce any law which 
shall abridge the privileges or immunities of 
citizens of the United States; nor shall any 
State deprive any person of life, liberty, or 
property, without due process of law; nor 
deny to any person within its jurisdiction the 
equal protection of the laws. 

Section II — Eepresentatives shall be ap- 
pointed among the several States according to 
their respective numbers, counting the whole 
number of persons in each State, excluding 
Indians not taxed. But when the right to vote 
at any election for the choice of electors for 
President and Vice-President of the United 
States, Eepresentatives in Congress, the ex- 
ecutive and judicial officers of a State, or the 
members of the legislature thereof, is denied 
to any of the male inhabitants of such State, 
being twenty-one years of age, and citizens of 
the United States, or in any way abridged, 
except for participation in rebellion, or other 
crime, the basis of representation therein 
shall be reduced in the proportion which the 
number of such male citizens shall bear to the 
whole number of male citizens twenty-one 
years of age in such State. 

Section III — No person shall be a Senator 
or Eepresentative in Congress, or elector of 



The United States Govebnment 169 

President and Vice-President, or hold any 
office, civil or military, tinder the United 
States, or under any State, who, having pre- 
viously taken an oath, as a member of Con- 
gress, or as an officer of the United States, 
or as a member of any State Legislature, or as 
an executive or judicial officer of any State, to 
support the Constitution of the United States, 
shall have engaged in insurrection or rebel- 
lion against the same, or given aid and com- 
fort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each House, 
remove such disability. 

Section IV — The validity of the public debt 
of the United States, authorized by law, in- 
cluding debts incurred for payment of pen- 
sions and bounties for services in suppressing 
insurrection or rebellion, shall not be ques- 
tioned. Sut neither the United States nor 
any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or 
rebellion against the United States, or any 
claim for the loss or emancipation of any 
slave; but all such debts, obligations, and 
claims shall be held illegal and void. 

Section V — Congress shall have power to 
enforce, by appropriate legislation, the pro- 
visions of this article. 



170 The United States Government 
Article XV 10 

Section I — The right of the citizens of the 
United States to vote shall not be denied or 
abridged by the United States or by any State 
on account of race, color, or previous condi- 
tion of servitude. 

Section II — The Congress shall have power 
to enforce the provisions of this article by 
appropriate legislation. 

"Ratified 1870. 



INDEX 



A PAGE 

Age of enlistment in the 

Navy 97 

Agriculture, Department of— 

Assistant Secretary of 106 

Salary of 106 

Chief Clerk of Department 

of 106 

Salary of the 106 

Establishment of Depart- 
ment of 105 

Secretary of Department 

of, duties of 105 

Salary of 105 

Value of the, to the coun- 
try 105 

Amendments : See Consti- 
tution. 
Appeals, Court of Custom... 123 
Appellate jurisdiction from 
the Circuit and Dis- 
trict Courts to the Su- 
preme Court 115 

Army, bureaus of the 74 

Chief of Staff of 73 

Classification of 76, 77 

Limit of enlisted men in 

the 79 

Generals commanding the. 80 
Office of each bureau of... 74 
Officers and soldiers in... 47 

Order of promotion in 98 

Organization of 76 

Pay table 80 

Rank in the 77 

Table showing strength of 

the 77 

Term of enlistment in 77 

Who may enlist in 77 

Articles of Confederation : 
See also Confederation, 

Articles of 15 

Character of 15 

Powers under 15, 17 

Provisions in 16 

Result of 15 

Asiatic Fleet 96 

Atlantic Fleet 95 



PAGE 

Attorney General 81 

Assistants in the office of 

the, eight other 83 

Salary of 81 

Attorneys General 84,85 

Assistants, salaries of 82 

Auditors 68 

B 

Bill, amending a 47 

Introduced in Congress, 

form of 45 

Introducing, in either 

house of Congress 44 

Passing 47, 48 

Bills, both houses of Con- 
gress must act on 47 

Debating on 46 

Not enacted 49 

Printing of 45 

Reading of 47 

Signing of, by the Presi- 
dent 48 

Vetoing of, by the Presi- 
dent 48 

Voting on 47 

When, become law with- 
out signing 48 

Who has right to intro- 
duce 46 

Bureaus, chiefs of 64 

Bureaus : See under sev- 
eral departments. 

C 

Cabinet officers may succeed 

to the Presidency 61 

Relation of, to the Presi- 
dent 24 

Capital, Washington first 

occupied as 26 

Years spent in preparing, 

for occupancy 26 

Cases, criminal 126 

Civil 127 

Charter government 12 

Chief Executive of the Na- 
tion 54 

[171] 



172 



Index 



Chief— Continued. page 

Officer of each department. 58 

Of Staff of the Army 73 

Chiefs of bureaus 64 

Circuit Court, creation of 

the. 118 

Jurisdiction of the 119 

Number of 119 

Of Appeals, an aid to the 

Supreme Court 117 

Creation of the 116 

Importance of the 118 

Jurisdiction of the 117 

Members of 116 

Citizen, status of a 50, 51 

Civil cases 127 

Claims, Court of 122 

Clerk, Chief, of the Depart- 
ment of Agriculture... 106 

Commerce and Labor 109 

Disbursing 109 

Interior 101 

Justice 83 

Navy 92 

State 62 

Treasury 68 

War 73 

Colonial Governments 11 

Commerce and Labor, De- 
partment of 109 

Assistant Secretary of 109 

Salary of 109 

Bureaus of 110 

Chief Clerk of Depart- 
ment of 109 

Salary of 109 

Disbursing Clerk of De- 
partment of 109 

Salary of 109 

Divisions of the Depart- 
ment of the 109, 110 

Establishment of Depart- 
ment of 108 

Growth of 108 

Head in each bureau in... 110 
Purchasing Agent, duties 

of 109 

Rank of 108 

Secretary of Department 

of, duties of 108 

Salary of 108 

Three divisions of the. 109, 110 
Work of the Department 

of 110 

Commerce Court 124 

Creation of the 124 

Commissioners of Internal 

Revenue 69 

"Committee on Conference" 47 



PAGE 

Committee system 41 

Committees, action of 41 

Choosing 42 

In the House, number of. 42 

Senate, number of 43 

Of the House 42, 43 

Of the Senate 43, 44 

Comptroller of the Currency. 69 

Salary of 69 

Confederation, failure of 

the 16 

Ratification of the Arti- 
cles of 15 

Reason for weakness of 

the 17 

"Conference, Committee on" 47 

Congress, adjournment of.. 36 

Assembling of 35 

Both houses of, must act 

on each bill 47 

Creates departments of 

the Government 57 

Creation of 34 

Duties of 37 

Eleventh Amendment, de- 
clared in force 165 

Express powers of 39, 40 

Extra sessions of 55 

First..... 22 

First action of newly 

elected Congress 35 

Government of. 36 

Impeachment of members 

of 37 

Is designated, how 35 

Members of, privileged 

from arrest 38 

Organizing the first 22 

Power of, to legislate 41 

Powers of 39, 40 

Quorum in two houses of. 36 

Record of proceedings of. 38 

Rules of each house of 38 

Congressional Districts, pop- 
ulation of 28 

Congressmen, holding of 

other offices by 38 

Identity of 35 

Privileges of 38 

Constitution of the United 

States 139 

Amendments to 162-170 

Articles I-X ratified 162 

XI declared in force.. 165 

XII declared in force. 165 

XIII declared in force. 167 

XIV proclaimed in 
force 167 



Index 



173 



Constitution— Continued, page 

XV ratified 170 

Contract obligations under 

the 160 

Executive powers set out 

in the 151 

First ten articles of the, 

ratified 162 

Fifteenth Amendment to 

the 170 

Fourteenth Amendment de- 
clared in force 167 

Interstate privileges un- 
der 130 

Judicial powers set out in 

the 156 

Justification of the act of 

the framers of the 18 

Legislative powers set out 

in the 139 

Method by which the, is 

changed 128 

Original ratification of 

the 139 

Preamble to the 139 

Prohibitions under the.. 40, 41 
Provisions for amending 

the 159 

Ratification of the 161 

Thirteenth Amendment, de- 
clared in force 167 

Twelfth Amendment, de- 
clared in force 165 

Went into effect, when 19 

Constitutional Convention, 

action of the 18 

Purpose of the 17 

Consular Service 63 

Salaries of employees in.. 63 
Contract obligation under 

the Constitution 160 

Convention, Constitutional. 17 
Copyrights are obtained, 

how 35 

Court, Circuit 118 

Creation of the 118 

Salary of justices of 119 

Of Appeals 116 

Creation of the 116 

District, creation of the.. 120 

Salary of justices of 120 

Of Claims 122 

Establishment of 123 

Jurisdiction of the 123 

Justices, number of 123 

Places of session of the. 123 

Salary of justices of 123 

Of Commerce... 124 

Establishment of 124 



Court of Commerce— Con- 
tinued. PAGE 

Jurisdiction of the 125 

Salary of judges 125 

Of Custom Appeals 123 

Creation of the 123 

Jurisdiction of the 124 

Justices, number of 123 

Places of session of the. 124 

Salary of justices of 124 

Supreme, creation of the. 113 
Courts, additional, estab- 
lished 24 

Consolidation of Circuit 

and District 113 

Federal, classification of.. 112 

Criminal cases 126 

Crimes, indictment for 127 

Currency, Comptroller of... 69 
Salary of 69 

D 

Declaration of Independ- 
ence 131 

Cause of 12 

Date of 11, 131 

Effect of the 14 

Nature of the 14 

Number of signers of 138 

Departments, increase in 

the number of * 57 

Development, table of 22 

Diplomatic bureaus 62 

Service, salaries of em- 
ployees in 62 

District Courts 120 

Creation of the 120 

Equity and common law 

powers in 121 

Establishment of 120 

Jurisdiction of the 120 

Number of 120 

Power and jurisdiction of 

the new 121 

The new 121 

Divisions of the Depart- 
ment of Commerce and 

Labor 109, 110 

Department of the Inte- 
rior 102 

Militia 78 

Navy 95, 96 

Post Oftice Department.,88, 90 

City Delivery 88 

Classification 89 

Contracts r 88 

Dead Letters 90 

Equipment 88 

Finance 89 



174 



Index 



Divisions of Post Office 
Department— Continued, page 

Foreign Mails 

Inspection 88 

Money Orders 89 

Postmasters' Appoint- 
ments 87 

Railway Mail Adjust- 
ment 88 

Railway Mail Service... 88 

Redemption 89 

Registered Mails 89 

Rural Delivery 89 

Salaries and Allowances. 88 

Stamps 89 

Supplies 89 

Topography 90 

Document Rooms .... 46 

E 

Education, Bureau of 103 

Electoral ballots, counting 

of 53 

"Electoral College," office 

of the 52 

Electors, action of 52 

To each State, number of. 52 
Vote, manner in which 52 

Elections, biennial 29 

Senatorial, are held, man- 
ner in which 32 

Eleventh Constitutional 
Amendment declared 
in force 165 

Employees in the Govern- 
ment, number of 58 

Engraving and Printing, 

Bureau of 70 

"Evarts Act," passing the.. Ill 

Executive branches of the 

Government 27, 50 

Power is vested, where... 50 
Powers set out in the 
Constitution 151 

Expenditures of the Govern- 
ment.. 37 

Express power of Con- 
gress 39, 40 

Executive branches, ex- 
tension of the 24 

Extra sessions of Congress. 55 

F 

Federal Courts, capacities 

of the.. 113 

Extension of the Ill 

Laws, growth of 25 

Fifteenth Amendment to 

the Constitution 170 



mmM PAGE 

First Assistant Secretary 

of the Treasury 67 

Congress 22 

State admitted 21 

Fourteenth Constitutional 

Amendment 167 

Declared in force 167 

G 

General Land Office 102 

Staff Corps 73 

Generals commanding the 

Army 80 

Geological Survey 103 

Government, beginning of 

the history of the 11 

Government, charter 12 

Chief law officer of the... 81 

Colonial 11 

Congress creates depart- 
ments of the 57 

Executive branches of 

the 27, 50 

Expenditures of the 37 

Judicial branch of the... 27 

Legislative branch of the. 27 
No marked changes in the 

policy of the 26 

Of Congress 36 

Proprietary- 12 

Provincial 12 

Seat of 25 

Strength of the 22 

Great Seal, The 60 

Use and custody of the... 61 
Growth of Commerce and 

Labor 108 

Federal laws 25 

The Department of the 

Treasury 66 

The Navy 95 

H 

Headquarters for military 

districts 79 

Highest law office in the 

land 81 

House, committees of 42, 43 

Relation of, to the Senate. 28 
See Congress; see Repre- 
sentatives. 

I 

Impeachment of members 

of Congress 37 

Of the President and 

other officers 57 

Inauguration of the Presi- 
dent 54 



Index 



175 



PAGE 

Independence, Declaration 
of ; see Declaration of 
Independence. 

Indian Affairs, office of 103 

Indictments for crimes 127 

Inspector, Chief, of the 
Post Office Depart- 
ment, duties of 87 

Interior, Department of — 100 
Assistant Secretaries of 

the 101 

Salaries of 101 

Chief Clerk of Depart- 
ment of the 101 

Salary of 101 

Divisions of the Depart- 
ment of the 102 

Heads of divisions in the. 102 

Establishment of 100 

Jurisdiction of the 101 

Object in establishing the. 100 
Secretary of Department 

of, duties of 101 

Salary of 101 

Internal Revenue, Commis- 
sioners of 69 

Duties of 69 

Interstate privileges under 

the Constitution 130 

J 

Judge Advocate General 93 

Duties of 93 

Judges of the Circuit Court 

of Appeals 116 

Commerce Court, number 

of 125 

Are appointed, how 125 

New District Courts 122 

Judicial branch of the Gov- 
ernment 27 

"Judicial Code," enacted, 

what the 122 

Powers set out in the 

Constitution 156 

Judiciary Act, passing the. 112 
Justice, Chief, of the Su- 
preme Court 130 

Justice, Department of— 
Chief Clerk of Depart- 
ment of 83 

Salary of.. 83 

Establishment of 81 

Justices, Federal, classifica- 
tion of 112 

L 

Land Office, General 102 



PAGE 

Law and justice 126 

Enacting a 44 

Of the land 128 

Making bodies, legislative 

functions of 48 

What constitutes the 

power 128 

Office, highest in the land. 81 

Supreme, of the land 126 

Laws, growth of the Fed- 
eral 25 

Legal rights, contention for. 13 
Legislation, no power to 

enact irrepealable 128 

Legislative branch of Gov- 
ernment 27 

Functions in law-making 

bodies 48 

Power is vested, where... 28 
Powers set out in the 

Constitution 139 

"Longevity pay" in the 

Navy 98 

M 

Man's duty to his country.. 129 
Marine Corps, Commandant 

of the 94 

Members of Congress priv- 
ileged from arrest 38 

Message, open, of the Presi- 
dent to Congress 55 

Military Academy, the 72 

Districts, headquarters for. 79 
Divisions of the United 

States 78 

Militia, divisions of the De- 
partment of 78 

Strength of the 78 

Mines, Bureau of 104 

Mint, Director of the 69 

Mints in the United States. 69 

N 

Nation, the, a Union 129 

Chief Executive of 54 

National convention, time 

and place of 52 

Naturalization, requirements 

for 30 

Naval Academy, use of the. 98 

Stations , 97 

Navy- 
Department 91 

Assistant Secretary of.. 92 

Salary of 92 

Bureaus of 92, 93 



176 



Index 



Law— Continued. page 

Chief Clerk of 92 

Salary of 92 

Divisions of 95, 96 

Establishment of 91 

Office of each bureau of 

the 93 

Reorganization of the. 91, 92 
Secretary of, duties of.. 92 

Salary of 92 

Solicitor for the 93 

Salary of 93 

Growth of the 

Pay beyond the continen- 
tal lines 98 

"Longevity," in 98 

Table 99 

Rank of 95 

Table showing strength of. 94 
Term of enlistment in — 94 
Yards 97 

O 

Office, highest law, in the 

land 81 

Officers chosen by the Sen- 
ate 33 

Subordinate to President. 50 
Original States, attitude of 

the 16 

P 

Pacific Fleet 9G 

Paris, Treaty of 14 

Patent Office 102 

Pay of enlisted men in the 

Army 79 

Men in the Army outside 

of the United States.. 80 
Non-commissioned officers 

in the Army 79 

Officers in the Army 79 

Retired officers of the 

Army 79 

Seamen 99 

Pension Office 102 

Postmaster General 90, 91 

Appointments made by 

the 86 

Duties of 85, 86 

Salary of 85 

First Assistant 87 

Assignments made to.. 87, 88 

Salary of 87 

Second Assistant 88 

Assignments made to.... 88 

Salary of 88 

Third Assistant 89 

Assignments made to.... 89 

Salary of 89 



Postmaster— Continued. page 

Fourth Assistant 89 

Assignments made to.. 89, 90 

Salary of 89 

Post Office Department 85 

Chief Clerk of 86 

Salary of 86 

Chief Inspector of 87 

Salary of 87 

Divisions of the 88, 90 

City Delivery 88 

Classification 89 

Contracts 88 

Dead Letters 90 

Equipment 88 

Finance 89 

Foreign Mails 88 

Inspection 88 

Money Orders 89 

Postmaster Appoint- 
ments 87 

Railway Mail Adjust- 
ment 88 

Railway Mail Service... 89 

Redemption 89 

Registered Mail 89 

Rural Delivery 89 

Salaries and Allowances. 88 

Stamps 89 

Supplies 89 

Topography 90 

Purchasing Agent, duties 

of 87 

Salary of 87 

Presidency, Cabinet officers 

may succeed to 61 

President adjourns Con- 
gress, when 56 

Amenable to the laws of 

the land 50 

And Vice-President are 

nominated, how 52 

Duties of 55 

Election of 52 

Impeachment of 57 

Inauguration of 54 

Is declared elected, when. 53 

Is nominated, where 52 

No majority for, what 

action taken 53 

Nomination of 51 

Oath of office of the 54 

Power is exercised, how.. 55 

Powers of the 56 

Qualifications of 50 

Quorum in the House to 

elect 53 

Relation of the Cabinet 

officers to the 24 



Index 



177 



President— Continued. page 

Salary of 54 

Signing of bills by 4& 

Term of office of the 51 

Trial of the 33 

Trial of the, on impeach- 
ment proceedings 57 

Officers are subordinate to 

the 50 

Presidential electors are 
appointed and voted 

for, how 52 

Term, beginning of the... 51 
Presidents of the United 

States 59 

Presiding officer of the Sen- 
ate 36 

Progress, comparison of 21 

Proprietary government 12 

Provincial government 12 

Punishment for treason, ef- 
fect of 130 

Old forms of 127 

Q 

Quorum in the House to 

elect President 53 

Senate to elect Vice-Presi- 
dent 54 

Supreme Court 114 

Two houses of Congress.. 36 

R 

Ratification of the Articles 

of Confederation 15 

Constitution 161 

Reclamation Service 103 

Record of proceedings of 

Congress 38 

Register of the Treasury, 

duties of 68 

Salary of 68 

Relation of Cabinet officers 

to the President 24 

Of the House to the Sen- 
ate 28 

Representation, basis of — 23 
In Congress is changed, 

when 23 

Is increased, how 23 

Representative, term of of- 
fice of a, begins, when. 29 
Term of office continues, 

how long 30 

Representatives : See Con- 
gress; see House. 

Election of 28 

Nomination of 29 



PAGE 

Representative— Continued. 
In the First Congress, 

number of 19 

Qualifications of 29 

Regulation of the number 

of 23 

Salary of 30 

Speaker of the House of. . 36 
Speakers of the House of. 31 

Term of office 30 

Reprieves and pardons 

granted, when 57 

Revolutionary War, result 

of the 14 

Rights, Constitutional, of 

every one 128 

Violation of, granted 13 

Rules of each house of Con- 
gress 38 

S 

Sailors, rank of 97 

See Navy. 
Salary of the Assistant At- 
torney General 82 

Assistant Secretary of 

Agriculture 106 

Commerce and Labor 109 

Navy 92 

Treasury 101 

Assistant Secretaries of 
the Interior Depart- 
ment 101 

State 61 

Attorney General 81 

Chief Clerk of the De- 
partment of Agricul- 
ture 106 

Commerce and Labor 109 

Interior 101 

Justice 83 

Navy 92 

Post Office Department. 86 

State 62 

Treasury 66 

War 73 

Chief Inspector of the 

Post Office Department. 87 
Circuit Court Justices — 119 
Commerce Court Judges.. 125 
Comptroller of the Cur- 
rency 69 

Court of Claims Justices. 123 
Disbursing Clerk of Com- 
merce and Labor 109 

District Court Justices... 120 
Employes in consular serv- 
ice 63 



178 



Index 



Salary of— Continued. page 

Diplomatic service 62 

First Assistant Postmas- 
ter General 87 

Fourth Assistant Post- 
master General 89 

Justices in the Court of 

Custom Appeals 124 

Postmaster General 85 

President 54 

Purchasing Agent in the 

Post Office Department. 87 
Register of the Treasury. 68 

Representatives 30 

Second Assistant Post- 
master General 88 

Secretary of Agriculture.. 105 

Commerce and Labor 108 

Interior 101 

Navy 92 

State 60 

Treasury 66 

War 72 

Senators 34 

Solicitor General 82 

Solicitor of the Navy 93 

Speaker of the House of 

Representatives 36 

Supreme Court Justices.. 114 
Third Assistant Postmas- 
ter General 89 

Treasurer 68 

Vice-President 54 

Second Assistant Secretary 

of the Treasury 67 

Secretary of Agriculture... 105 

Commerce and Labor 108 

Interior 101 

Navy 92 

State 60 

Relative rank of 61 

Treasury 66 

War 72 

Work assigned to assist- 
ant 73 

Secretaries of Agriculture.. 108 

Commerce and Labor 110 

Interior 104 

Navy 99, 100 

State 65 

Treasury 70, 71 

War 72 

Senate Committees 43, 44 

Irregular vacancies in the, 

filled 32 

Officers of the 34 

Presiding officer of the... 36 
Relation of the House to. 28 



Senate— Continued. page 

Twofold office of the 33 

What officers are chosen 

by the 33 

Senators, election of 32 

In the First Congress, 

number of 19 

Qualifications of 32 

Salary of 34 

Term of office 32 

Ships, "special service" 96 

Signers of the Declaration 
of Independence, num- 
ber of 138 

Solicitor General 82 

Salary of 82 

Solicitor for the Navy 93 

"Special service" ships 96 

Speaker of the House of 

Representatives 36 

Speakers of the House of 

Representatives 31 

Staff Corps, General 73 

State, Department of— 
Assistant Secretaries of... 61 

Salaries of 61 

Bureau of Accounts 64 

Appointments 63 

Citizenship 64 

Indexes and Archives... 64 

Rolls and Library 64 

Trade Relations 63 

Chief Clerk of Depart- 
ment of 62 

Salary of 62 

Classification of work in. 62 
Establishment of Depart- 
ment of 59 

Head of the 60 

Secretary of, duties of.... 60 

Salary of 60 

State admitted, first 21 

States, the rights of, set 
out in the Constitu- 
tion 158 

Ratifying the Constitu- 
tion, number of • . 19 

Admitted last 21 

Order of admission of 21 

Supreme Court, appellate 
jurisdiction from the 
Circuit and District 

Courts to H5 

Cases reviewable by. 115, 116 

Chief Justice of 130 

Creation of the 113 

Justices, salary of 114 



Index 



179 



PAGE 

Supreme Court— Continued. 
Original jurisdiction of 

the 115 

Personnel of the 114 

Powers of the 113 

Quorum in , 114 

Supreme law of the land... 126 

T 
Third Assistant Secretary 

of the Treasury 68 

"Thirteen Original States," 

extent of the 20 

Thirteenth Constitutional 
Amendment declared 

in force 167 

Treason a creature of war 

times 130 

Punishment for 130 

Treasurer of the United 

States 68 

Duties of 68 

Salary of the United 

States 68 

Treasury, Assistant Secre- 
taries of the 67 

Salary of 67 

Chief Clerk of Depart- 
ment of the 68 

Salary of 66 

Establishment of Depart- 
ment of the 66 

Growth of the Depart- 
ment of the 66 

Register of, duties of 68 

Salary of 68 

Second Assistant Secre- 
tary of the 67 

Secretary of, duties of 66 

Salary of 66 

Third Assistant Secretary 

of the 68 

Treaties, making 56 

Treaty of Paris 14 

Trial must be by jury 127 

Twelfth Constitutional 
Amendment declared 
in force 165 



U PAGE 

Union, happening of events 
in connection with the.. 26 

Vicissitudes of the 25 

United States Courts, the.. Ill 

Extent of the, to-day 20 

Government, form of the... 27 

V 

Vacancies, filling of, in ap- 
pointive offices 56 

In House of Representa- 
tives 30 

Veto : See Bills. 

Power, using the 48 

Vice-President, election of.. 52 
Is declared elected, when. 53 

Is nominated, where 52 

No majority for, what ac- 
tion taken 53 

Nomination of 51 

Qualifications of 54 

Quorum in the Senate to 

elect 54 

Salary of the 54 

Term of office of the 51 

Votes, disposition made of, 

cast by electors 52 

W 
War. Assistant Secretary of. 72 

Salary of 72 

Chief Clerk of Depart- 
ment of 73 

Salary of 73 

Establishment of Depart- 
ment of 71 

Object in creating 71 

Secretary of Department 

of, duties of 72 

Salary of 72 

Washington first occupied 

as Capital 26 

Y 

Years spent in preparing 
the Capital for occu- 
pancy 26 



DEC 1 



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